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All Things Catering
Terms and Conditions of Sale
IMPORTANT
These terms and conditions of sale are divided into three parts. Part 1 is applicable to all customers of the All Things Catering, Part 2 is only applicable to customers who are businesses and who are acting in the course of their business. Part 3 is only applicable to consumers that is customers who are neither businesses nor individuals acting in the course of their business.
PART 1
1.1 These conditions ('the Conditions') contain the terms on which All Things Catering, part of Carford Group Ltd (referred to as CGL), whose registered office is at Unit 1-4 Mitchell Group, Fernside Park, Ferndown Industrial Estate, Ferndown, Dorset BH21 7SG company number 03006635, ('the Company') has agreed to supply goods and services to you, its customer ('the Customer').
1.2 These Conditions shall govern all dealings between the Company and the Customer. No other terms and conditions which the Customer refers to in any purchase order, confirmation of order, specification or any other document shall apply unless this has been agreed in writing with the Company at the time of placing the order.
1.3 Upon request by the Customer the Company shall supply a quotation detailing the price and description of the goods which the Customer intends to order ('the Quotation'). Each order placed by the Customer shall be confirmed by the Company's written acknowledgement of order ('the Acknowledgement). Each Acknowledgement together with these Conditions shall constitute a contract between the Company and the Customer ('the Contract'). These Conditions shall apply to all the Company's sales. In the event of a conflict between these Conditions and the Acknowledgement these Conditions shall prevail.
1.4 By submitting an order or by accepting a Quotation for goods and (where relevant) installation services the Customer shall be deemed to make an offer to purchase the goods and installation services subject to these Conditions.
1.5 No order placed by the Customer shall be accepted by the Company until the Company issues an Acknowledgement which details the goods ('the Goods') and installation services which the Company has agreed to supply.
1.7 For the avoidance of doubt, each Acknowledgement together with these Conditions shall constitute a separate Contract between the Company and the Customer.
1.8 Any Quotation is given on the basis that no Contract shall come into existence until the Company either despatches an Acknowledgement to the Customer or supplies the goods and installation services. Any Quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
2. Price & Payment
2.1 The price of the Goods and Installation Services shall be as set out in the Company's Quotation and confirmed in the Acknowledgement ('the Price').
2.2 The Price shall be exclusive of VAT and all costs and charges relating to packaging, loading, unloading, carriage and insurance, all of which the Customer shall pay in addition when it is due to pay for the Goods.
2.3 The quoted price is based on the following assumptions:
(a) That the existing gas/water/electrical services at the delivery address have been upgraded to comply with all Government legislation and regulations current at the time of Delivery;
(b) That the Customer has a 'class A air gap' if required by water regulations for the Goods ordered;
(c) That extraction/ventilation systems are interlocked to the gas supply in accordance with BS6173:2001;
(d) That the customer has installed fly screens on all opening windows and external doors;
(e) That (unless stated otherwise in the Quotation) the Customer has made its own arrangements for either a mechanical fresh air inlet to be provided or the entry of replacement air by natural means;
(f) That the Customer has arranged for all necessary building work, scaffold, handrails, odour control, attenuation, electrical wiring, cranage, working around columns and beams, secondary supports, removal of polythene protective coating, planning permission, landlords approvals and making good decorative finishes to be carried out prior to Delivery and/or installation;
(g) That (unless stated otherwise in the Quotation) tables are of uniform size and of rectangular shape and have no cut outs for pipework or similar requirements;
(h) That the Customer shall provide sufficient access to the Delivery address and/or the location at which the Goods are to be delivered and/or installed;
(i) That the Customer shall arrange for the electrical earth bonding of the Goods which shall comply with the then current IEE regulations;
(j) That any existing gas pipework capacity shall not be overloaded by the addition of the Goods; and
(k) That the Customer has arranged to dispose of any old refrigerated cabinets in compliance with European Legislation.
2.4 It is the Customer's responsibility to inform the Company prior to Delivery if any of the above assumptions are untrue and to make arrangements to remedy the situation. While the Company is able to remedy some matters identified in (a) to (k) above this will only be done if it is arranged prior to Delivery and a price is agreed with the Customer in respect of such remedy.
2.5 The Customer will be required to pay a deposit of 50% of the Price within 7 days of the date of the Company's Acknowledgement, 40% of the Price 3 days prior to installation and 10% in cash upon receipt of the Goods. Time for payment is of the essence of the Contract.
2.6 If the Customer is acting in the course of its business clause 2.1 of Part 2 shall apply with regard to payment.
2.7 Interest on overdue accounts shall accrue from the due date for payment from day to day until the date of payment at a rate of 2% per month and shall accrue after as well as before any judgement. Interest accrued shall be payable on demand.
2.8 The Company may refuse to deliver or it may delay Delivery of goods under any other contract which the Customer has in place with the Company if at any time there are any outstanding monies due to the Company by the Customer under this or any other contract.
3. Delivery & Acceptance
3.1 Delivery of the Goods shall be made to the card holders address and confirmed in the Acknowledgement which must be an address in Mainland UK and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Delivery shall be deemed to have taken place when the Goods are tendered for delivery at the address specified in the Acknowledgement ('Delivery').
3.2 Any dates specified by the Company for Delivery of the Goods are intended to be an estimate and time for Delivery shall not be made of the essence by notice. If no dates are so specified Delivery shall be made within a reasonable time.
3.3 The Customer must notify the Company immediately if Goods are not received within 14 days of the date of the Company's invoice. The Company shall not be liable for such non-Delivery if the Customer has failed to notify the Company.
3.4 Upon Delivery, all protective packaging shall be removed from the Goods and such Goods shall be left in a serviceable condition. However, deep cleansing of the Goods to hygienic standards shall be the responsibility of the Customer.
4. Maintenance
4.1 The Company recommends that all commercial catering equipment is serviced regularly by an authorised service agent and maintained in accordance with the manufacturers instructions. The Company may make other recommendations about the Goods from time to time. These will be made available on the Company's website www.allthingscatering.co.uk.
4.2 The Company reserves the right to impose a call out charge and to charge for any repairs or refuse to repair goods where:
4.2.1 the Goods have not been serviced and maintained in accordance with clause 4.1;
4.2.2 user maintenance has not been carried out by the Customer or his agent in accordance with the Company's or manufacturers instructions.
5. Copyright
5.1 Copyright in the Company's designs and drawings shall remain with the Company.
5.2 Copyright in any design and drawings provided by the Customer shall remain in the Customer and the Customer warrants that such copyright does not infringe the intellectual property rights of any third party.
5.3 The Customer shall indemnify the Company against all costs, claims, damages and expenses incurred by the Company as a result of breach of the warranty contained in clause 5.2 above.
5.4 Where Goods are manufactured to the designs and specifications of the Customer, the Customer warrants that such drawings and specifications are accurate and the Company accepts no liability whatsoever for any defects in the Goods as a result of the inaccuracy thereof.
Data Protection
6.1 You consent to the computer storage and processing of your personal data by us in connection with this contract for the purposes of our legitimate interest, including statistical analysis, marketing of our services and credit control. If you breach the Contract, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.
6.2 We keep information that we hold about you only for so long as appropriate for our purposes, or as required by applicable law. If you ask, we will tell you what information we hold about you and provide it to you in accordance with applicable law. There may be a charge for this as permitted by law.
Miscellaneous
7.1 The Customer shall not assign the Contract without the prior written consent of the Company.
7.2 If Delivery is delayed by strikes, lockouts, fire accidents, defective materials, delays in receipt of raw materials, or bought in goods, or components, or any other cause beyond the reasonable control of the Company, a reasonable extension of time shall be granted and the Customer shall pay such reasonable extra charges as have been occasioned by the delay. If the delay persists for such time as the Company considers unreasonable, the Company may, without liability on its part, terminate the Contract.
7.3 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that it not a party to it.
7.4 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
7.5 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
7.6 The Contract shall be construed in accordance with English law and governed by the exclusive jurisdiction of the English courts.
PART 2
Terms applicable to businesses only
The following section as supplementing Part 1 will apply if the Customer is either a company, sole trader or a partnership acting in the course of a business. If there is any conflist between Part 1 and Part 2, this Part 2 shall prevail.
1. Variations
Any variation to these Conditions and any representations contained in any brochure, literature or made verbally to the Buyer shall have no effect unless agreed in writing and signed by a duly authorised director of the Company and the Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
2. Price and Payment
2.1 Where the Customer has applied for a 30 day credit account with the Company and such application has been accepted by the Company, payment of the Price shall be due 30 days from the date of the Company's invoice. If such application has been refused the payment provisions in Condition 2 of Part 1 shall apply.
2.2 The Company reserves the right to increase the Price of the Goods from the price stated in the Acknowledgement if there is an increase in the manufacturer's price for such Goods.
2.3 The Customer shall indemnify the Company against all costs, fees and other expenses incurred by the Company in enforcing payment of the Price or arising from any dispute concerning the Goods.
2.4 The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Customer.
3. The Goods
3.1 The quantity and description of the Goods shall be as set out in the Company's Acknowledgement, the specification contained in the Company's catalogues, brochures, website, Quotations or tenders are an approximate guide only.
3.2 The Company may from time to time, make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirement, or which do not materially affect the quality or fitness for purpose of the Goods.
4. Delivery
4.1 The Customer shall be deemed to have accepted the Goods 7 days after Delivery to the Customer.
4.2 After acceptance, the Customer shall not be entitled to reject the Goods which are not in accordance with the Contract.
4.3 Each Delivery shall operate as a separate contract and the Company shall be entitled to suspend further deliveries or vary by notice in writing the terms of any credit arrangement or other contract between the Customer and the Company should the Customer fail to pay on the due date of the Price of any such Delivery.
4.4 If for any reason the Buyer fails to accept Delivery of any of the Goods when they are ready for Delivery, or the Company is unable to Deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
(a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company's negligence);
(b) the Goods shall be deemed to have been Delivered; and
(c) the Company may store the Goods until the Customer accepts possession of the Goods, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
5. Cancellation
5.1 Cancellation of contracts for Goods which have been purpose built or specially manufactured will not be accepted.
5.2 All other contracts for Goods will be subject to a cancellation charge of 20% of the Price.
5.3 The Company may cancel the contract if the Customer commits any act of bankruptcy or enters into insolvent liquidation without prejudice to the Company's rights of payment of the Price of delivered Goods, together with any damages they may suffer in consequence of such cancellation.
6. Warranty
6.1 Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Customer the benefit of any warranty or guarantee given to the Company by the manufacturer provided that such warranty shall not apply:-
6.1.1 where Goods have been subjected to any process of manufacture or alteration by the Customer without the Company's consent after Delivery and in such circumstances, the Customer shall be deemed to have accepted such Goods as being in all respects in accordance with the Contract;
6.1.2 where the Goods have not been adequately maintained or repaired in accordance with the manufacturers or Company's instructions, or have been otherwise misused;
6.1.3 to consumable or easily breakable items such as ceramic tiles, glass screens, shelves, partitions, light bulbs, quartz lamps, fluorescent tubes, toaster elements and similar items; or
6.1.4 where the Customer makes further use of the Goods after becoming aware of a fault.
6.2 Defects in the Goods (other than defects caused by damage in transit) must be notified to the Company in writing, specifying in sufficient detail, the defects complained of within 7 days of Delivery. In the absence of such notification, the Customer shall be deemed to have accepted the Goods as being in all respects in accordance with the Contract and shall have no further right to reject the Goods or recover compensation. Such damaged or defective Goods must be retained and the Company must be given the opportunity of inspecting same before any use is made of them.
6.3 Where defects are caused by damage in transit the provisions of clause 6.2 shall apply with the exception that such defects must be notified to the Company within 4 days of Delivery.
7. Limitation of Liability
7.1 (Subject to the warranty contained in Part 2, condition 6) The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
(a) any breach of these Conditions;
(b) any use made or resale by the Customer of any of the Goods, or of any product incorporating any of the Goods; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
7.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.3 Nothing in these Conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company's negligence; or
(b) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
(c) for fraud or fraudulent misrepresentation.
7.4 Subject to 6.2 and 6.3 above
(a) the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price paid under the Contract; and
(b) the Company shall not be liable to the Customer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
7.5 The Company shall not be liable for any non-Delivery of Goods (even if caused by the Company's negligence) unless the Customer gives written notice to the Company of the non-Delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.
7.6 Any liability of the Company for non-Delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
8. Reservation of Title
8.1 The Goods shall be at the Customer's risk from Delivery.
8.2 Notwithstanding Delivery, property of the Goods shall not pass from the Company until:
8.2.1 the Customer shall have paid the Price in full; and
8.2.2 No other sums whatever shall be due from the Customer to the Company.
8.3 Until Property in the Goods passes to the Customer, in accordance with clause 8.2, the Customer shall hold the Goods and each of the on a fiduciary basis as bailee for the Company. The Customer shall store the Goods (at no cost to the Company) separately from all other Goods in its possession and marked in such a way that they are clearly identified as the Company's property.
8.4 Notwithstanding that the Goods (or any of them) remain the property of the Company, the Customer may sell at full market value or use the Goods in the ordinary course of the Customer's business for the account of the Customer. Any such sale or dealing shall be a sale or use of the Company's property by the Customer on the Customer's own behalf and the Customer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Company, the entire proceeds of sale or otherwise of the Goods, shall be held in trust for the Company and shall not be mixed with other money and shall be at all material times identified as the Company's money.
8.5 The Company shall be entitled to recover the Price notwithstanding that property in any of the Goods has not passed from the Company.
8.6 Until such time as property in the Goods passes from the Company, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Company. If the Customer fails to do so, the Company may enter upon any premises owned, occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of such request, the rights of the Customer under clause 8.4 shall cease.
8.7 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Company. Without prejudice to the other rights of the Company if the Customer does do so, all sums whatever owing by the Customer to the Company, shall forthwith become due and payable.
8.8 The Customer shall insure and keep insured the Goods to the full Price against all risks to the reasonable satisfaction of the Company until the date that property in the Goods passes from the Company and shall whenever requested by the Company, produce a copy of the policy of insurance. Without prejudice to the other rights of the Company, if the Customer fails to do so, all sums whatever owing by the Customer to the Company shall forthwith become due and payable.
PART 3
Terms applicable to consumers only
The following section as supplementing Part 1 will apply if the Customer is a consumer, who for these purposes is any person who is acting for purposes which are outside his trade, business or profession and any registered charity.
1.
Customers who fall within the definition of a consumer are protected by statutory (legal) rights, according to the laws of England and Wales or any European Legislation which applies in England.
2.
In accordance with your statutory rights any Goods the Company supplies will:
(a) match the description given to them;
(b) be of satisfactory quality; and
(c) be fit for the purpose for which they have been supplied.
3. any work carried out by the Company will be carried out with reasonable care and skill.
4. Goods
It may be necessary for the Company to substitute goods of a similar quality, quantity and value for those ordered by you. In these circumstances the Company will notify you prior to Delivery of the Goods and you will have the option of cancelling with full return of your deposit. If you cancel after Delivery you will still be liable for a restocking charge as outlined below which will be retained from your deposit.
5. Returns and Cancellations
5.1 Where goods are ordered online or by post or by telephone the Customer may cancel the order within 7 days of receiving the Goods. The Customer may be charged a restocking fee.
5.2 Where the Goods have been substituted the Customer may cancel the order in accordance with clause 4 above but the Customer may be charged a restocking fee.
5.3 If the Customer believes that the Company has delivered Goods which do not accord to statutory rights, the Customer may cancel the Contract without penalty, provided that the Customer:
(a) informs the Company in writing as to the alleged fault as soon as possible but in any event no later than 7 days after the Customer becomes aware of the fault;
(b) allows the Company to investigate the Customer's complaint and allows the Company access to its premises as necessary.
6. General
The Company will be responsible for any losses which the Customer suffers as a result of the Company breaching these conditions provided that the losses were reasonably foreseeable to both the Customer and the Company when the Contract was formed. The Company will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both the Company and the Customer when the Contract was formed. The Company does not limit in any way its liability for death or personal injury caused as a consequence of its negligence.
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