Conditions of Sale
ALL DEALINGS INCLUDING ALL QUOTATIONS AND ANY OTHER ORDER PLACED FOLLOWING SUCH QUOTATION ARE SUBJECT TO THE FOLLOWING CONDITIONS OF SALE IN WHICH GLOBAL FOODSERVICE EQUIPMENT LIMITED IS REFERRED TO AS ‘THE COMPANY’.
1 Validity of Quotation No order received from a customer by The Company and no purported variation of these terms shall constitute a contract until accepted in writing by The Company.
2 Prices Prices quoted by The Company are firm for 30 days only or until previously withdrawn. Unless otherwise stated, all prices are exclusive of any applicable value added tax, for which the customer shall be additionally liable to The Company. The Company shall be entitled to increase such prices by any increase in costs between the date of order and delivery.
3 Payment Approved credit account customers shall pay the price in full, strictly within 30 days of the date of invoice otherwise payment is due with order. If payment is not made on or before the due date, the customer shall pay The Company interest at the rate of 4% per annum above the base lending rate of National Westminster Bank plc from the due date for payment until the date of actual payment.
4 Delivery Delivery periods and dates are given in good faith, but are not the subject of any warranty or condition, and time shall not be of the essence of the contract in these respects. No liability will attach to The Company if delivery periods or dates are not met for any reason whatsoever.
5 Warranty The company warrants that all goods supplied by it will correspond to their specification and will be free from defects in materials or workmanship for a period of 12 months from the date of delivery. Responsibility for all warranties lies with the manufacturer of the equipment. In the unlikely event that the manufacturer ceases to trade during the warranty period the warranty will be terminated. The Company’s obligation in the event of a breach of this warranty is limited to the repair or replacement of any defective goods. This warranty is given in lieu of all other warranties or conditions expressed or implied (whether by statue or otherwise) and is subject to the following conditions:
5.1 All warranties cover defects in the material and components failure only; The Company is not liable for trading loss, loss of perishable items, water damage, any staff-related costs (eg. recruitment agency fees or overtime paid by the end user) or any costs related to hire or purchase of alternative equipment.
5.2 All warranties, unless otherwise stated, are valid in the UK Mainland; Northern Ireland, Western Isles, Inner Hebrides and Islands are parts only warranty.
5.3 The Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
5.4 Warranties are valid only when the equipment has been used in a professional manor and in adherence to the manufacturer’s instructions and guidelines and may be immediately invalidated if the equipment has not been installed in accordance with the manufacturer’s instructions and installation guidelines.
5.5 All warranties exclude the following and may result in charges being levied against the parties responsible for placing the service request:
• Any fault caused by poor maintenance. • Damage caused by unauthorised alterations to, misuse or abuse of the equipment.
• Bulbs & lamps, glass, seals & gaskets, baskets, knobs. • Resetting of equipment or circuit breakers. • Faulty on-site electrics (eg. plug socket, plug, wiring, junction box fault, incorrect fuse).
• Blockages (eg. drains, condensers, pumps). • Corrosion or atmospheric conditions. • Any fault caused by or related to lime scale build-up. • Any fault caused by or related to incorrect installation (where end user has arranged installation themselves and not through Global Foodservice Equipment).
• Call-out charges where no fault is found. • Setting up / commissioning of equipment (eg. dishwasher detergents, levelling).
• Engineer refused access or premises is closed. • Excessive carbon build-up on cooking equipment.
5.6 The Company shall be under no liability if the price for the goods has not been paid by the due date for payment.
5.7 Failure to pay any charges levied will result in the warranty being suspended until the account has been settled. Any issues or disputes with charges relating to warranties must be made in writing.
5.8 The Company accepts no responsibility or liability for delays in replacing or repairing the equipment due to circumstances beyond its control.
5.9 a) Back to base: Any item with a back to base warranty must be returned to the manufacturer for repair. It is the responsibility of the end user to return the equipment in the original packaging (or very well packed in alternative, suitable packaging) to the manufacturer at their own cost. Prior to returning the equipment, a returns number and address must be obtained from Global Foodservice Equipment.
5.9 b) On site: All warranty service calls will be carried out between the hours of 8am-5pm, Monday-Friday only. Most manufacturers endeavour to get an engineer to site within two working days of a warranty call being logged, however, this is not guaranteed.
5.10 Except in the case of death or personal injury caused by The Company’s negligence, The Company shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation.
If you do not understand any part of the warranty conditions or would like clarification on any point please contact Global Foodservice Equipment prior to ordering the equipment.
6 Carriage Packaging, carriage and insurance charges in respect of delivery of the goods to the customer will be charged to the customer at cost to The Company.
6A Returns Goods in accordance with the contract cannot be returned without the company’s prior authorisation. Duly authorised goods shall be sent to the company’s premises and a restocking charge will be incurred.
7 Damage in Transit The Company does not accept any liability for loss or damage to the goods while in transit to the customer.
8 Risk The risk in the goods shall pass to the customer on delivery to the customer or (if earlier) when possession of the goods is taken by a carrier for delivery to the customer.
9 Force Majeure The Company shall not be liable to the customer, or deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of The Company’s obligations in relation to the goods. If the delay or failure was due to force majeure or to any other cause beyond The Company’s reasonable control.
10 Reservation of Title 10.1 The goods sold under these Conditions shall remain the absolute property of The Company and legal title in the goods shall remain vested in The Company until payment in full of all amounts invoiced or due to The Company in respect of the Goods, or until the goods are resold by the customer, whichever shall first occur. If the customer shall enter into liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the Goods has passed in accordance with this condition, The Company shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any Goods to which it has title under this condition. No liquidator, receiver, administrator or administrative receiver of the Customer shall have authority to sell goods to which The Company has title without the prior written consent of The Company
10.2 Until such time as the property in and legal title to the Goods passes to the Customer, the Customer shall hold the Goods as The Company’s fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as The Company’s property. Until that time, the customer shall be entitled to resell or use the Goods in ordinary course of its business, but shall account to The Company for the proceeds of sales of the Goods, including insurance proceeds, and shall keep all such proceeds separate from any moneys of the customer and of third parties.
10.3 The Customer shall not be entitled to pledge or charge, by way of security for any indebtedness, any of the goods which remain the property of The Company but, if the Customer does so, all moneys owing by the Customer to The Company shall (without prejudice to any other right or remedy of the reseller) forthwith become due and payable.
10.4 The Company shall be entitled to maintain an action for the price of the goods notwithstanding that title in them has not passed to the customer.
11 Insolvency of Customer If the customer, being a body corporate, shall pass a resolution or suffer an order of the Court to be made for winding-up, or if a receiver, administrator or administrative receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then The Company shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.
12 Patent Rights The acceptance of a quotation includes the recognition by the customer of the right of The Company under any patent rights, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced.
13 Divisibility Clause This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and not withstanding any defect of default in delivery of any other instalment.
14 Applicable Law These conditions shall be governed by and construed in accordance with English Law and the parties acknowledge the exclusive jurisdiction of the English Courts.
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