Terms & Conditions

APPLICATION AND ENTIRE AGREEMENT

1. These Terms and Conditions will apply to the purchase of goods detailed in our quotation

(Goods) by the buyer (you or Customer) from (we or us or Supplier).

2. These Terms and Conditions will be deemed to have been accepted by you when you accept the quotation or from the date of delivery of the goods (whichever happens earlier) and will constitute the entire agreement between us and you.

3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

INTERPRETATION

4. A business day means any day other than a Saturday, Sunday or Bank Holiday in England and Wales.

5. The headings in these Terms and Conditions are for convenience only and will not affect the interpretation.

6. Words imparting the singular number include the plural and vice-versa.

GOODS

7. The description of the Goods is set out in our quotation and / or sales order. In accepting the quotation and/or sales order you acknowledge that you have not relied on any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended only as a guide.

8. We can make changes to the specification of the Goods which are required to conform to any applicable safety or any other statutory or regulatory requirements.

9. An order constitutes an offer by the buyer to purchase the Goods subject to these conditions.

PRICE

10. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.

11. The price quoted is in GBP and excludes VAT (unless otherwise stated).
12. You may be entitled to discounts. Any and all discounts will be at our discretion.
13. Unless otherwise stated, the price quoted excludes delivery.
14. Prices quoted are valid for 30 days from the date of the quotation.
15. Rates of tax (including VAT) and duties on the goods will be those applying at the time of delivery.

Terms and Conditions of Sale

Foodservice Equipment Spares Ltd., Units A-C The Klondike, Chichester Street, Rochdale, OL16 2AU Company number 11311769

16. No increase to the price quoted will be made without prior agreement with the Buyer once the purchase order has been accepted.

17. All web orders are subject to acceptance.
18. All items that are out of stock at the time of order are subject to confirmation of price.

19. Any typographical clerical or other accidental error or omission in the order placed by the buyer or in any drawings, specifications, instructions, tools or other materials supplier by the Buyer, shall be subject to correction without any liability on the part of the Buyer.

20. No variation to the Contract shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.

DELIVERY

21. The Goods shall be delivered to the delivery address stated on the Buyers purchase order within the period stated by the Seller.

22. A packing note clearly stating the number of the Order will accompany each delivery or consignment of the goods.

23. All delivery times quoted are estimates only.
24. If we fail to deliver within a reasonable time after the quoted delivery time, you may request to cancel the contract, however: (i) you may not cancel if we receive your notice after the goods have been dispatched; and (ii) if you cancel the contract, you can have no further claim against us under that contract; (iii) If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay. We may decline to deliver if we think that ther premises are unsuitable for our vehicle, or that it would be unsafe, unlawful or unreasonably difficult to do so.

25. If you fail to accept delivery of the goods or the delivery instructions given by you are inadequate or incorrect, then then we may store the goods until actual delivery and charge you for all reasonable costs of storage (including insurance).

26. You must inspect the goods on delivery or collection. If you identify and damages or shortages, you must inform us in writing wiithin 24 hours of delivery providing details and where possible photographic evidence. You must give us and / or any carrier a fair chance to inspect the damaged goods.

27. You bear the risk and cost of returning the Goods.
28. You are entitled to reject the goods if they are not in accordance with this contract.

RISK & TITLE

29. The risk the Good will pass to you on delivery or collection.
30. Title to the goods will not pass to you until we have received payment in full (in cash or cleared funds for (a) the Goods and / or (b) any goods or services that we have supplied to you in respect of which payment has become due.

Terms and Conditions of Sale

Foodservice Equipment Spares Ltd., Units A-C The Klondike, Chichester Street, Rochdale, OL16 2AU Company number 11311769

31. Until Title of the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure and identifying mark or packing on or relating to the Goods; and/or keep (c) keep the Goods in good condition and insured against all risks for their full price from the date of delivery or collection.

32. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to delivery up the Goods, and if you fail to do so promptly, enter any of your premises or of any third party where the goods are stored to retrieve them.

PAYMENT TERMS

33. You are to pay us in cash or in cleared funds prior to delivery, unless you have an approved credit account.

34. If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.

35. If you fail to pay us in full on the due date we may:
36. suspend or cancel future deliveries;
37. cancel any discount offered to you;

III. charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998;

1. calculated (on a daily basis) from the date of our invoice until payment;

2. before and after any judgement (unless a court orders otherwise);

1. claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and

4. recover (under clause 4.7) the cost of taking legal action to make you pay.

1. If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without notice.

36. You do not have the right to set off any money you may claim from us against anything you may owe us.

37. You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs, including legal costs on a full indemnity basis and the cost of instructing a debt recovery agency to recover a debt due to us if any) following any breach by you of any of your obligations under these terms.

WARRANTIES

38. We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose, except that offered by the original manufacturer.

39. If you believe that we have delivered goods that are defective in materials or workmanship, you must: (a)inform us (in writing), with full details, within 24 hours of delivery if the defect is apparent on inspection or if not apparent, within a reasonable

Terms and Conditions of Sale

Foodservice Equipment Spares Ltd., Units A-C The Klondike, Chichester Street, Rochdale, OL16 2AU Company number 11311769 time; and (b) allow us to investigate (we may need access to your premises and product samples).

40. If the goods are found to be defective in material or workmanship (following our investigations), we will (at our option) replace the goods or refund the price.

41. We will not be liabile (whether caused by our employees, agents or otherwise) in connection with the Goods for any indirect, special or consequential loss, damage, costs or expenses and / or any loss in profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption or other third party claims.

42. We will not accept liability in respect of any defect arising from fair wear and tear, wilful damage, abnormal working conditions, failure or breach by you in relation to your obligations, any loss in relating to the choice of the goods and how they will meet your purpose, or any loss caused by the alteration or repair of the goods without our approval.

43. Where we are not the manufacturer of the goods our liability is limited to any benefit that we may receive under any manufacturer warranty or guarantee of the goods.

SPECIFICATION

44. The quantity, quality and description of the goods supplied will be as specified in the specifications or instructions supplied by the Buyer. As the Buyer, you must ensure that: (a) the specifications or instructions you supply to us are accurate and / or (b) the goods supplied will be fit for the purpose for which you intend to use them, and / or (c) your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.

45. You must not disclose to any third part or use any specification except to the extent that it is or becomes public knowledge through no fault of the seller, or as required for the purpose of the Contract.

RETURN OF GOODS

46. We will accept the return of goods from you only:
47. by our prior agreement (confirmed in writing);
48. on payment of an agreed handling or restocking charge (unless the goods were defective when delivered); and iii. where the goods are as fit for sale on their return as they were on delivery.

Please refer to our Returns Policy for further information regarding the return of goods