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Commercial Catering Spares Ltd

Terms of Trading

1.    Price

1.1.  The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.

1.2.  Our quotations lapse after 30 days (unless otherwise stated).

1.3.  The price quoted excludes delivery (unless otherwise stated).

1.4.  Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be our price current at the time of delivery.

1.5.  Rates of tax and duties on the goods will be those applying at the time of delivery.

1.6.  At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods. All web orders are subject to acceptance. All Out Of Stock items are subject to confirmation of price.

2.    2 Delivery

2.1.  All delivery times quoted are estimates only.

2.2.  If we fail to deliver within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract, however:

2.2.1.    you may not cancel if we receive your notice after the goods have been dispatched; and

2.2.2.    if you cancel the contract, you can have no further claim against us under that contract.

2.3.  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 (including indirect or consequential loss, or increase in the price of the goods).

2.4.  We may deliver the goods in instalments. Each instalment is treated as a separate contract.

2.5.  We may decline to deliver if:

2.5.1.    we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or

2.5.2.    the premises (or the access to them) are unsuitable for our vehicle.

2.6.  We may deliver in quantities of 1% more or less than the quantity ordered but charge you for the quantity ordered.

2.7.  If you fail to accept delivery of the goods or give us inadequate delivery instructions (unless by reason of any cause beyond your reasonable control or by reason of our fault), then we may store the goods until actual delivery and charge you for all reasonable costs of storage (including insurance).

3.    Risk

3.1.  The goods are at your risk from the time of delivery.

3.2.  Delivery takes place either:

3.2.1.    at our premises (if you are collecting them or arranging carriage); or

3.2.2.    at your premises or address specified by you (if we are arranging carriage).

3.3.  You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within seven days of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods.


4.    Payment terms

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

4.2.  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.

4.3.  If you fail to pay us in full on the due date we may:

4.3.1.    suspend or cancel future deliveries;

4.3.2.    cancel any discount offered to you;

4.3.3.    charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998;
a. calculated (on a daily basis) from the date of our invoice until payment;
b. before and after any judgment (unless a court orders otherwise);

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

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

4.4.  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.

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

4.6.  While you owe money to us, we have a lien on any of your property in our possession.

4.7.  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.

5.    Title

5.1.   Until you pay all debts you may owe us:

5.1.1.    all goods supplied by us remain our property;

5.1.2.    you must store them so that they are clearly identifiable as our property;

5.1.3.    you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;

5.1.4.    you may use those goods and sell them in the ordinary course of your business, but not if:

5.1.4.1.         we revoke that right (by informing you in writing); or

5.1.4.2.         you become insolvent.

5.2.  You must inform us (in writing) immediately if you become insolvent.

5.3.  If your right to use and sell the goods ends you must allow us to remove the goods.

5.4.  We have your permission to enter any premises where the goods may be stored:

5.4.1.    at any time, to inspect them; and

5.4.2.    after your right to use and sell them has ended, to remove them, using reasonable force if necessary.

5.5.  Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.

5.6.  You are not our agent. You have no authority to make any contract on our behalf or in our name.

 

6.    Warranties

6.1.  We warrant for a period of three months from the date of delivery or initial use (whichever is earlier) that the goods are free from material defect at the time of delivery (as long as you comply with clause 6.3).

6.2.  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.

6.3.  If you believe that we have delivered goods that are defective in materials or workmanship, you must:

6.3.1.    inform us (in writing), with full details, within seven days if the defect is apparent on inspection or if not apparent, within a reasonable time; and

6.3.2.    allow us to investigate (we may need access to your premises and product samples).

6.4.  If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 6.3) in full, we will (at our option) replace the goods or refund the price.

6.5.  We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples only);

6.5.1.    direct financial loss, loss of profits or loss of use; and

6.5.2.    indirect or consequential loss

6.6.  We cannot accept liability in respect of any defect arising from fair wear and tear, wilful damage, abnormal working conditions, failure to follow our instructions, or the alteration or repair of the goods without our approval.

6.7.  Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £2,000,000.

6.8.  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.

6.9.  For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.

6.10.              Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.

6.11.              Nothing in these terms affects or limits our liability for fraudulent misrepresentation.

7.    Specification

7.1.  If we prepare the goods in accordance with your specifications or instructions you must ensure that:

7.1.1.    the specifications or instructions are accurate;

7.1.2.    goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and

7.1.3.    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.

7.2.  We reserve the right;

7.2.1.    to make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements; and

7.2.2.    to make without notice any minor modifications in our specifications we think necessary or desirable.

8.    Return of goods

8.1.  We will accept the return of goods from you only:

8.1.1.    by our prior agreement (confirmed in writing);

8.1.2.    on payment of an agreed handling charge (unless the goods were defective when delivered); and

8.1.3.    where the goods are as fit for sale on their return as they were on delivery.