Orders are accepted on the condition that a) the following Conditions of Sale be accepted by the Customer to the exclusion of the Customer’s conditions and any other conditions of sale or purchase and b) in the even of re-sale the Customer undertakes the responsibility of ensuring that the ultimate purchaser is also fully acquainted with and accepts the said conditions.
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QUOTATIONS AND TENDERS:
All quotations and Tenders given by Garners Catering Equipment Limited (the Company) are “ex-works” unless otherwise stated and are subject to a firm order being received by the company within 28 days commencing with the date of the tender unless otherwise stated in the tender. The acceptance of this order by the Company by written notice will constitute a contract subject to these conditions. Any variation of the contract must be in writing and signed by the Company and Customer. Where a firm price is quoted by the Company in the quotation or tender, such price will be the contract price provided delivery of the goods is completed within sixty days of the quotation or tender. In all other cases the contract price is based upon the cost of materials, labour, transport, fuel and other relevant factors applying and statutory obligations at the time of tender or quotation, and if between that date and the date of actual delivery, variation either by the rise or fall shall occur in these costs, then the contract price shall be amended to provide for these variations,. The order must be accompanied by sufficient information to enable the Company to proceed with the order forthwith.
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CUSTOMERS REQUIREMENTS:
The Company will endeavour to assist the Customer in selecting appropriate designs and materials for the goods and will so far as practicable furnish information and date in relation thereto. Unless otherwise agreed in writing the Customer will determine all specification of the goods and shall be the sole arbiter as to fitness for the particular purpose of the Customer and the Customer will rely entirely on its own skill and judgement in so doing. The Customer accepts sole responsibility for ensuring that the goods will comply with Fire Office requirements, Building Regulations consents, Planning conditions and any other requirements of any statutory undertaker, which has any jurisdiction with regard to the goods and their installation. Accordingly, except under the terms of the Company’s Guarantee outlined in these conditions of sale no liability whatsoever is accepted in relation to the manufacture, installation or capabilities of the goods nor will the Company assume any liability whatsoever for damage of any kind sustained either directly or indirectly by any person in or through the adoption or use of such information or date in whole or in part.
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DELIVERY AND COMPLETION DATES:
a) In the event of either:
i) The Company being delayed in or prevented from making delivery or completing the contract owing to act of God, force majeur, war, civil disturbance, requisitioning, government or parliamentary import or export regulations strike, lock out, trade dispute, difficulty in obtaining workmen or materials, breakdown of machinery, shortage of fuel, fire accident or any other cause whatsoever beyond the Company’s control or:
ii) Non-delivery by the Company’s suppliers
The Company shall be at liberty to cancel or suspend the contract without incurring any liability for any loss or damage resulting there from.
b) Whilst delivery and completion dates are given in good faith based upon information available to the Company at the time of quotation or tender, such dates are not guaranteed and the Company accepts no liability for delay (as defined in 4(a)(I) above) in delivery or completion and no delay (as defined) shall entitle the Customer to reject any delivery or any instalment or part of the order to repudiate the contract or the order or any part thereof or to claim any damaged or compensation in respect of the said delay. -
INSTALLATION:
a) This clause applies where the Company agree to install the goods on behalf of the Customer and in accordance with the Customer’s instructions.
b) The Company shall in any event only accept instructions to install the goods where the Customer specifies the means of such installation and the Company accept no liability whatsoever in respect of the adequacy or suitability of such means.
c) The Customer undertakes to obtain all necessary consents, licences, permissions and insurances required in connection with the installation of the goods.
d) The Customer shall ensure that the floor and/or bases and/or other means of support for the goods to be installed are in all respects in a suitable state of repair and condition of the safe installation of the goods in accordance with good building practice and all necessary consents and permissions (including Building Regulations approval and Fire Regulations) and any other requirements of any statutory undertaker with jurisdiction in respect of the goods and their installation.
e) The Customer shall ensure that all service necessary for the installation of the goods are provided to within one metre of the siting of relevant goods.
f) Without prejudice to any other rights the Company may have arising under any other conditions herein contained the Customer shall fully and effectually indemnify the Company in respect of any loss, claim, liability or expense incurred by the Company due to any failure of the Customer to fulfil its obligation under this condition. -
DELIVERY AND PASSING OF RISK:
Notwithstanding that the Company may have agreed to install the goods when the Company delivers to the Customer, delivery will take place when the goods are delivered to the Customer’s premises or unloaded from transport, whichever occurs last, and risk will thereupon pass to the Customer. In each case the Customer will sign a Delivery note which will be conclusive evidence that delivery has occurred. The Company accepts no responsibility for any loss or damage to goods howsoever arising, after goods leave the Company’s works except in cases where the Company itself has agree to undertake transport, when the company accepts responsibility only for repair or replacement of damaged or lost goods where the cause of damage or loss was the result of negligence of the Company’s employee or agent. Customers are strongly advised to make suitable arrangements in respect of goods in transit out of the Company’s works. Claims in respect of loss or damage in transit should be made direct on the carrier or transporter concerned.
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SUB-CONTRACTORS:
The right is reserved by the Company to sub-contract all or any part of any contract without prior notice to the Customer.
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TITLE TO GOODS:
a) Notwithstanding risk in the goods passing in accordance with Clause 7 hereof title in the good shall not pass to the Customer until whichever shall be the first to occur of the following:
i) payment being received by the Company for the goods (and where applicable their installation) and no other amounts then being outstanding from the Customer to the Company in respect of other goods supplied by the Company.
ii) The Customer selling the goods in accordance with the provisions of these terms and conditions in which case title to the goods shall be deemed to have passed to the Customer immediately prior to delivery of the goods to the Customer’s Customer; and
iii) The Company waiving its right under Clause 2 in respect of specified goods whereupon the title to the said goods shall forthwith vest in the Customer.b) Before title has passed to the Customer under the terms of this Clause and without prejudice to any of its other rights, the Company shall have the right to recover or re-sell the goods or any of them and may enter upon the Customer’s premised by its servants or agents for that purpose.
c) Should the Customer alter the goods by subjecting them to manufacturing processor incorporating them into another product or mixing them in any way, then the resulting product (“altered goods”) will pass into the ownership of the Company until payment due under all contracts between the Company and the Buyer has been made in full and all the Company’s rights hereunder shall extend to the altered goods.
d) Until payment due under all contracts between the Customer and the Company has been made in full:
i) the Customer shall hold as Bailee of the Company the goods and altered goods and shall store them in such a manner that they be readily identified as the property of the Company.
ii) In the event of the sale or hire of the goods or altered goods by the Customer as Bailee of the Company, it shall hold the proceeds of such sale or hire on trust for the Company in the separate bank account opened by the Customer for this purpose.
iii) The Company shall be entitled to trace all such proceeds of sale or hire charged received by the Customer through any bank or other account maintained by the Customer.
iv) In the event of sale or hire of the goods or the altered goods by the Customer in the ordinary course of its business, the Customer shall assign its rights to recover the selling price or hire charges from the third parties concerned to the Company if required so to do in writing by the Company.
e) As the insurable risk in the goods shall pass to the Customer as soon as the goods are delivered to him or to his order pending disposal the Customer shall keep the goods insured in the amount of the price at which the goods are sold to the customer against all insurable risks.
f) If the goods are destroyed by an insured risk prior to the same being paid for by the Customer, the Customer shall receive the proceeds of any such insurances as trustee for the Company. -
PAYMENT AND RETURNS
a) Prices quoted are net. Subject to credit being approved accounts are due for payment as specified in the quotation or tender and in the absence of any expenses provision not later than 30 days from the date of despatch time being of the essence, otherwise payment must be received by the Company before delivery. When deliveries are spread over a period each consignment will be invoiced as despatched and each month’s invoices will be treated as a separate account and be payable accordingly. The Company reserves the right to charge interest on all overdue accounts at four percent above current bank rates. Failure to pay for any goods or for any delivery or instalment shall entitle the Company to suspend further deliveries and work both on the same order and on any other order from the Customer without prejudice to any other right the Company may have. The Company reserves the right instalment without liability until payments or satisfactory security for payment has been provided.
b) Goods or Equipment can only be returned for credit or replacements at the Customer’s expense and if in a clean undamaged and new condition within seven days of delivery. The Company reserves the right to charge the Customer a handling fee of 25% on the net value of the returned goods.
c) No goods to be returned without prior agreement with the Company. -
GUARANTEE:
The goods manufactured and or supplied by the Company are supplied with the following express guarantee:
The Company takes all precautions to ensure the quality of materials and workmanship and guarantees all goods and service against faulty material and/or workmanship for a period of twelve months from the date of delivery. The Terms of this Guarantee apply only to the first owner/user of the goods. The Company will in no circumstances accept responsibility of any defects whatsoever arising from misuse of any goods or arising out of situations outside the control of the Company or arising after the installation of any goods by any person who is not suitably qualified to install them. This Guarantee shall not apply to defects in any goods which have been altered outside the Company’s works and any claim hereunder must be made verbally within two days of discovery of the defect or in case of any patent defect within two days of delivery, whichever shall be the earlier and in each case, written confirmation of such claim must be received by the Company no later than twelve days after the claim has been made verbally.
