Terms and Conditions
Cater Care UK Limited
01 General – All quotations made and orders accepted are subject to the company’s conditions of sale and no alterations to these conditions shall take effect unless confirmed by us in writing. All other warranties, conditions or liabilities expressed or implied by law are hereby expressly excluded so far as such exclusion is permitted under the terms of the Supply of Goods (Implied Terms) Act 1973.
02 Description – Illustrations and descriptions in our catalogues or documents accompanying quotations are correct in general detail. Our is however one of continuing improvement and we reserve the right to vary or modify the design, specification or finish without notice unless a definite request has been mad and an undertaking given to the contrary
03 Prices – Quotations and prices are subject to withdrawal or alteration in whole or in any part at any time. Unless otherwise stated by us in writing. Prices charged will be those ruling at date of dispatch. Unless otherwise specified in quotations, our prices, subject to errors and omissions, include for the supply only of the item’s specified and delivery to one agreed site but not for their off-loading and or installation. All prices are exclusive of VAT, which will be charged as applicable. A small order handling charge will be made when the order value is less than £50.
04 Carriage – An extra charge will be levied on all deliveries outside the mainland of Great Britain. We also reserve the right to charge carriage on any order as appropriate.
05 Delivery – Delivery dates ex works named by the customer or quoted in good faith by us are to be treated as estimates not involving any contractual obligations. We shall not be liable for any damage or loss whether arising directly or indirectly out of delay in delivery. Our adherence to promised delivery dates is subject to not being delayed by instructions or lack thereof from the customer or his agent, lack of site dimensions or by industrial disputes or by any cause whatsoever beyond our reasonable control. In the event of the deferment or non acceptance of delivery after the customer has been notified that the items ordered are ready will be dispatched. We reserve the right to charge the customer the demurrage rate of 2% of the net invoice value per month and to levy any re-delivery charge as an extra cost.
06 Damage / Loss in Transit – Goods shall be examined on arrival and any damage or loss should be entered on the carrier’s note, or the carrier’s note should be signed “Unexamined”. In the event of any damage or loss, notification must be given in writing to the carrier and ourselves within 3 days of receipt of goods and packaging held for carrier’s inspection. Damaged goods will not be credited or replaced if used. Notification must be made to us if goods are not received within 10 days of dispatch date. Where goods are purchase ex works our responsibility ends with loading on to the transport at our works.
07 Packing – Returnable packing cases, crates, frames, boxes etc. If charged by us will be credited by us in full upon receipt by us in good condition, carriage paid, within 30 days of date of invoice.
08 Payment – Where no account exists, goods will be dispatched on receipt of cash against proforma invoice. Terms of payment for account customers are strictly net payable 30 days from date of invoice. New accounts will be opened on receipt of two satisfactory trade references. The right is reserved to charge interest at the rate of 1% per month for each month that payment is overdue, contract terms will be detailed at quotation stage.
09 Erection and / or Installation – Erection positioning and installation can be carried out by our installation engineers and we shall be pleased to quote for this work. If our engineers undertake this work the customer must ensure that the site is clear and ready for the installation and the equipment is readily accessible to normal transport.
10 Cancellation – Cancellation of orders for purpose made equipment cannot be accepted once the order has been placed. In the event of cancellation of any order (for standard or special equipment) or goods being returned by agreement a handling charge of 20% net invoice value will be made.
11 General Liability – Subject to the terms of the Supply of Goods (Implied Terms) Act 1973 no conditions or warranty is to be implied as to quality or fitness for any purpose, or as correspondence with description or sample or as to merchantable ness either with regard to the goods to be supplied or as to any materials used in their manufacture.
12 Guarantee – The guarantee set out applies to equipment of our manufacture and bearing our asset label. We undertake to repair or replace, free of charge any such piece of equipment or part therefore used under normal conditions for which the unit was designed, which is found to be faulty in either materials or workmanship within 12 calendar months of the date of dispatch from our works – fair wear and tear, misuse or damage due to defective installation by other contractors excepted. The extent of our liability in connection with component parts and equipment not of our manufacture is limited to the extent of the guarantee given by the manufacturer of that part. Responsibility is limited to the repair or replacement of the unit or part thereof and in no case are we liable for consequential loss or damage. Our responsibility under this clause shall cease if:
The customer has not paid in full all invoices for goods supplied by us within the time stipulated by these conditions.
Our representatives are denied full and free right of access to the goods.
The customer permits persons other than our employees or agents or those approved or authorised by us to effect any replacement of parts, maintenance, adjustment or repairs to the goods.
The customer has not properly maintained the goods in accordance with instructions, pamphlets or directions given or issued by us from time to time.
The customer uses any spare parts or replacements not manufactured by or on behalf of us and supplied by us, or the customer fails to follow our instructions for use of the same.
13 Property and Risk – When the delivery of the goods specified is:
Ex our works, the property and risk therein shall pass to the customer as soon as such goods are loaded onto the transport taking the goods from our works.
To be affected at a designated site or place, the property and risk therein shall pass onto the customer upon their arrival at such a time or place and before the goods are unloaded. If the quotation includes installation of the equipment the property and risk of the goods shall pass onto the customer on arrival at site and before unloading unless otherwise agreed in writing.
14 Title – Legal title to the goods shall not pass to the customer until all monies owing by the customer to us on whatever account in respect of these goods, shall have been paid in full. In the event of default payment, we shall have the right to collect such goods as they remain our property without hindrance. The customer may, acting for this purpose and this purpose only, as our agent sell any of the goods and shall hold upon trust for all proceeds of sale thereof until all monies owing as aforesaid have been paid to us in full. Risk in respect of goods shall pass to the customer as specified in clause 13.
15 Third Party Liability – We shall not be responsible for damage, injury or loss of any kind whatsoever to any property or person howsoever arising from the use of goods or otherwise in connection with the installation or erection of the same. Nor shall we be responsible for any additional risks which the customers insurance company may consider to have been undertaken by reason of the delivery. Installation or use of the goods supplied.
16 Default – Should default be made by the customer in paying any sum due under any order as and when it becomes due we shall have the right either to suspend all further deliveries until the default is made good or to cancel the order so far as any goods remain to be delivered there under.
17 Patents – The customer shall indemnify us against all damages, penalties and costs and expenses to which we may become liable if any work is done in accordance with the customer’s specification involving an infringement of a registered design or patent.
18 Surplus Materials – Any surplus materials or fittings shall remain our property and shall be returned to us.
19 Legal Construction – The contract shall in all respect be constructed and operated as an English contract and in conformity with English law.
20 Force Majeure – In the event of war, invasion, act of foreign enemy, hostility (whether war has been declared or not), civil war, rebellion, a revolution, insurrection, or military or usurped power we shall not be relieved of liabilities incurred under the contract wherever, and to the extent to which the fulfilment of such event or by any statue, rules, regulations, orders or requisitions issued by any government department, council or other duly constituted authority, or from strikes, lock outs, breakdown of plant or any other causes (whether or not of a like nature) beyond our control.
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