Easicook Microwave Ltd.
STANDARD TERMS & CONDITIONS OF SALE, WE SUPPLY GOODS BASED ON BUSINESS TO BUSINESS TERMS ONLY
1. DEFINITIONS and GENERAL
1.1 The Company – Easicook Microwave Ltd t/a Easicook.
1.2 The Buyer - the person, firm or
company contracting with the Company and any delivery address specified by
The Buyer relating to an order.
1.3 The Contract - any contract between
the Company and the buyer for the sale and purchase of goods upon
these terms and conditions.
1.4 All orders are accepted subject to
these conditions of sale, which shall apply to the exclusion of any terms or
conditions put forward by or on behalf of The Buyer.
1.5 No variation, waiver or addition to
these conditions, whether written or oral, shall have effect unless agreed in
writing by The Company.
2. DESCRIPTION
2.1 Although every effort is made to
ensure that the illustrations, price, description measurement and specification
of goods in our catalogue, brochures and website are correct, such information
is published for the sole purpose of
giving an approximate idea of the goods represented. Due to a policy of
continuous improvement, products
supplied may differ slightly from the image in the catalogue, brochure or
website.
2.2 If any products ordered become no
longer available from the manufacturer, the Company reserve the right to
supply an alternative product at the same price as the one originally ordered.
3. ORDERS
3.1 The Buyer shall be responsible to The Company for ensuring the accuracy of any order
3.2 Goods are not sold on a trial basis.
The Buyer should check specifications and suitability before ordering. By
placing an order with The Company, The Buyer expressly confirms that they have
checked the specifications and
suitability for the product(s) they are ordering. The Company does not warrant
the suitability of goods for specific
applications nor for any items that do not fit into The Buyers premises
including sizes of doorways and entry points.
3.3 No order which has been accepted by
The Company may be cancelled except on terms that The Buyer shall
indemnify the company against loss (including loss of profit)
4. PRICE OF GOODS
4.1 The price of the goods is exclusive
of Value Added Tax (VAT), which will be charged at the applicable rate as
at the date of invoice
4.2 The price quoted may be subject to delivery charges unless stated that it is inclusive
4.3 Prices quoted are for supply only unless stated that the order is inclusive of installation
5. TERMS OF PAYMENT
5.1 Unless otherwise agreed, payment is
required prior to delivery of the goods. Where The Company agrees to
issue an invoice, the Buyer must pay the
invoice within 30 days of the invoice date. For so long as any amount to
''be paid for goods remains owing to The
Company, title of goods will remain with The Company and will not pass to
The Buyer until The Company has received
full payment including any interest due. The company reserves the
right to claim settlement of any
outstanding amounts due before this date if there is any change in financial
circumstances of the buyer
5.2 All goods shall remain the property of The Company until full payment has been received
5.3 In the event of any payment due being withheld or delayed The Company reserve the right to:
5.3.1 To suspend any further deliveries to the buyer
5.3.2 Charge interest at 4% above the
base rate from time to time of National Westminster Bank Pic on any
amount not received by the due date
until such amount is received, both before and after judgement, if applicable,
until payment of cleared fund has been
received.
53.3 To recover from The Buyer on a full
indemnity basis together with interest thereon all costs incurred by it in
obtaining payment including solicitor's
fees and costs associated with so doing.
6. DELIVERY
6.1
The Company will use reasonable endeavors to deliver the goods within the time
agreed when The Buyer
places
an order. However any such delivery is not guaranteed, even if The Buyer pays a
surcharge for a timed /
guaranteed service. The Buyer expressly confirms that The Company shall bear no
responsibility for late deliveries
or for any costs incurred by The Buyer as a result of late delivery / non
delivery of any item(s).
6.2 Any costs incurred due to inadequate site access shall be charged to The Buyer
6.3 Wherever
possible The Company will deliver from stock held in it's warehouse. For items
not in stock, delivery
will normally be made direct from supplier. All deliveries are made to kerbside
only. It is the responsibility of The
Buyer to ensure adequate provision and resources are made for getting the item(s)
into their premises and that all
relevant apertures are of an appropriate size to accept the goods. Delivery
times given are only estimates and The
Company accepts or assumes no liability for delays in delivery however caused.
6.3 It is The
Buyers responsibility to ensure all opening apertures are of a suitable size to
accept the goods
ordered. The Company accepts no responsibility for the failure or negligence on
behalf of the buyer to check that
all goods will fit into their premises. The Buyer expressly confirms that they
have checked all the relevant access,
openings and dimensions and that they accept full responsibility in the event
that the product does not fit into /
through any of these dimensions. In the event of items not being able to fit
into / through available spaces, the
Company may, at their discretion, offer the Buyer the option of returning the
goods if the goods are undamaged
and in their original condition, subject to a 20% restocking charge of the
original sales price of the item(s)
concerned. All costs for returning the goods will be the responsibility of the
Buyer. The Buyer is also responsible
for adequately insuring the goods during transit to the Company. The Company
accept no liability whatsoever for
damage / loss of any goods in transit whilst being returned to them. This
liability is solely with the Buyer.
6.4 It is the
Buyer's responsibility to check the goods at the time of delivery. The Company
accepts no
responsibility of alleged non-delivery, shortfall of goods, damage on delivery
or other discrepancy unless
notification in writing is received within 24hours from the date and time of
delivery. In absence of such notification
the buyer shall be deemed to have accepted the goods.
6.5 The Buyer must
thoroughly check all goods received before signing the delivery note. If the
delivery note is
signed and damage is subsequently found at a later date, the Company accept no
responsibility for this as the
onus is on the Buyer to check the goods thoroughly upon delivery. If the goods
cannot be checked upon receipt,
the Buyer can refuse the delivery. If the delivery is refused, it is possible to
re-arrange delivery subject to additional
costs which must be borne by the Buyer. If the the Buyer cannot check the goods
at the time of delivery, they must
sign the delivery note "damaged", otherwise no claim for damage will be
entertained after unpacking of the goods.
This condition does not exclude point 6.4 whereby all claims for damage must be
reported to The Company within
24 hours from the date and time of delivery.
7. RETURNS
7.1 Goods dispatched to the buyer and
subsequently accepted for cancellation by the company will be subject to
an abortive delivery charge.
7.2 Goods which have been incorrectly
ordered will only be accepted for return with prior approval from The
Company. Goods may not be returned without prior authorization. Prior to return,
a Goods Return Authorisation
Number (GRA Number) must be obtained from The Company.
Cancellations are not accepted by phone, cancellation
requests are only accepted by fax, email or by letter.
Such goods will only be accepted if they
are correctly packed in the original
undamaged
packaging, with original
manuals and have not been used.
Customers are responsible
for carriage costs and
for ensuring
goods are returned
to the buyer in good condition
in suitable packaging and for obtaining the necessary
proof of delivery and receipt.
7.3 Cancellation rights end seven working days of receipt of delivery.
8. WARRANTY
8.1 Unless otherwise stated, all goods
come with a 12 months parts warranty. Certain items are subject to back to
base warranty / workshop warranty and
this is indicated on the product text. Customers must use warranty
arrangements specifically provided.
8.2 Where back to base warranty is
applicable, it is The Buyers responsibility to return the item to The Company
and to ensure the item is adequately
packaged / protected if using 3rd party transport. The Company accepts no
responsibility whatsoever for damage to
items during transit to or from our premises.
8.3 Warranty does not cover goods which
have been
(i) misused
(ii) used for a purpose for which the
manufacturer has not intended it to be used for
(iii) where maintenance requirements have not been adhered to.
(iv) subject to less than adequate cleaning and ventilation, where this will
inhibit the performance of the machine.
(v) installed by anyone other than a
certified trade professional relative to the item in question.
(vl) installed by anyone other than
The Company's approved installers, if installation is included.
(vii) Installed without a water
softener (All glass and dishwashers, coffee machines and Combi Ovens).
8.4
All claims for warranty will be actioned by The Company, but where the fault is
through operator error, misuse,
lack
of cleaning, non compliance with manufacturers instructions non professional
installation, tampering with
the
goods by an unauthorised person or any other issue not resulting from failure on
behalf of any
manufacturers
part , then the charge for the call out and any subsequent repair will be borne
by The Buyer.
8.5
Warranty does not apply to a small number of machines marked 'no commercial
warranty' which are suitable for
domestic use only and which must be returned to the manufacturer in the event of
a breakdown. Machines
returned for repair in warranty where it is found that the machines has been
abused or has not been used as the
machine was designed for will be charged for. This also applies where a machine
has not been properly
maintained including cleaning and descaling where applicable. Machines returned
for repair are not
reassembled if upon quotation you do not require the machine to be repaired.
Loan machines are not available
8.6 The Company
accepts no liability of whatever nature arising from as a result of any
representations, breach of
contracts, late delivery of product, negligence or otherwise including but not
limited to any liability for indirect or
consequential loss, or loss of profits, revenue, business or goodwill except for
liability of death or personal injury
caused by The Company's negligence. All conditions, warranties, guarantees and
representations, express or
implied, by statute, common law or otherwise in relation to the goods (other
than the liability which The
Company is not permitted by law to exclude or restrict) are hereby excluded
8.7 Where stated, labour warranty is applicable for UK mainland only, warranty outside of UK mainland is parts only warranty
8.8 A labour & callout charge will be payable upfront by the customer for warranty service visits on new equipment if the equipment is not installed by the company. This charge is refunded by the company if the fault is a genuine warranty breakdown with the equipment. If the fault is deemed misuse or non warranty breakdown, the charge will not be refunded.
8.9 A storage charge of £150+vat per month will be levied for machines not collected within 2 weeks of repair and will be disposed of after 3 months of non collection
8.9 Where repair falls outside the Warranty (8.3) you will receive a quota for the cost of repair. If not this is not accepted and paid for or declined and return arranged within 2 weeks a storage charge of £150+VAT per month will be levied. All machines will be disposed of after 3 months of non collection.
8.10
Unless
otherwise stated all repairs carry a 3 month Warrant, any carriage charges will
be borne by the byer.
9 LIABILITY
The Company accepts no liability of
whatever nature arising from as a result of any representations, breach of
contracts, late delivery of product, negligence or otherwise including but not
limited to any liability for indirect or
consequential loss, or loss of profits, revenue, business or goodwill except for
liability of death or personal injury
caused by The Company's negligence. All conditions, warranties, guarantees and
representations, express or
implied, by statute, common law or otherwise in relation to the goods (other
than the liability which The Company is
not permitted by law to exclude or restrict) are hereby excluded
10 OUR LIABILITY
In so far as it is possible by
applicable law, the Company expressly excludes liability for any claims, loss,
demands
or damages of any kind whatsoever, with respect to use of The Company's website
or any other brochure,
catalogue or literature produced by The Company or any misleading information or
omissions it may contain,
including without limitation, direct, indirect, incidental or consequential loss
or damages, whether arising from loss
of revenue, loss of data, loss of profits or otherwise. If you are a consumer
your Statutory Rights, if any, are not
affected. Nothing in this clause is intended to exclude liability for death or
personal injury arising from the
negligence of the Company or its employees or agents.
11 FORCE MAJEURE
Neither party shall be liable for any default due to any act of God, war, strike, lock out industrial action, fire or
other event beyond the reasonable control of either party.
12 LAW
All disputes arising of this contract shall be subject to the jurasdiction of the courts of England & Wales.
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Tel: 029 20747567 - Email: info@easicook.co.uk