All dealings including all quotations and any other order placed following
such quotation are subject to the following conditions of sale in which
Chinastack Catering Equipment Ltd is referred to as ‘the Company’
1. Validity of quotation
No order received from a customer by the Company and no purported variation of
these terms shall constitute a contract until accepted in writing by the
Company. The company reserves the right to refuse any order, including
subsequent to the sending of an order acknowledgement email.
2. Prices
Prices quoted by the Company are current but we reserve the right to make
adjustments if necessary due to currency fluctuations, raw material or factory
increases. Unless otherwise stated, all prices are exclusive of any applicable
value added tax, for which the customer shall be additionally liable to the
Company.
3. Payment
Approved credit account customers shall pay the price in full strictly 30 days
end of calendar month.
If payment is not made on or before the due date, the Company will be able to
charge interest at the rate of 4% per annum above the base lending rate of
National Westminster Bank Plc from the due date for payment until the date of
actual payment.
4. Delivery
Delivery periods and dates are given in good faith, but are not the subject of
any warranty or condition, and time shall not be of the essence of the
contract in these respects. No liability will attach to the Company if
delivery periods or dates are not met for any reason whatsoever.
Please advise us of any non delivery within 7 days and confirm in writing to
enable us to claim under the carriers terms.
Any shortage or damage on delivery must be reported to us immediately and
confirmed in writing within 3 days.
For deliveries to third parties we do not accept liability for shortage or non
delivery unless we are given in advance the name of a specific person who will
sign for the goods.
5. Warranty
The Company warrants that all goods supplied by it will correspond to their
specification and will be free from defects in materials or workmanship for a
period of 12 months from the date of delivery. The Company’s obligation in the
event of a breach of this warranty is limited to the repair or replacement of
any defective goods, which shall be returned to the Company by the customer.
This warranty is given in lieu of all other warranties or conditions expressed
or implied (whether by statue or otherwise) and is subject to the following
conditions:
5.1. Claims must be notified in writing to the Company within three days from
the date of delivery.
5.2. The Company shall be under no liability in respect of any defect in the
goods arising from any drawing, design or specification supplied by the
customer.
5.3. The Company shall be under no liability if the defect or failure, in the
reasonable opinion of the Company, arises from wilful damage or misuse,
negligence by the customer or any third party, failure to follow the Company’s
instructions, or alteration or repair of the goods without the Company’s prior
approval.
5.4. The Company shall be under no liability if the price for the goods has
not been paid by the due date for payment.
5.5. The above warranty does not extend to parts, materials or equipment not
manufactured by the Company, in respect of which the customer shall be
entitled only to benefit of any such warranty or guarantee as is given by the
manufacturer to the Company.
5.6. Except in the case of death or personal injury caused by the Company’s
negligence, the Company shall not be liable for any consequential loss or
damage (whether for loss of profit or otherwise) or other claims for
consequential compensation.
6. Carriage
Carriage paid terms are:- £150 Nett to UK Mainland
Carriage & Packing £5.95 on lower value orders.
£300 Nett to N.Ireland,Eire, C.Isles & I.O.M.
Carriage & Packing £25.00 on lower value orders.
Special & Express deliveries will be charged extra – P.O.A.
7. Returns
If you have ordered goods from our website which have not been customised
specially for you, you may return them for a full refund (for the goods value
excluding postage and packaging charge) within seven working days provided
that the goods have not been opened and are in their original packaging.
8. Risk
The risk in the goods shall pass to the customer on delivery to the customer
or (if earlier) when possession of the goods is taken by a carrier for
delivery to the customer.
9. Force majeure
The Company shall not be liable to the customer, or deemed to be in breach of
any contract with the customer, by reason of any delay in performing, or any
failure to perform, any of the Company’s obligations in relation to the goods.
If the delay or failure was due to force majeure or to any other cause beyond
the Company’s reasonable control.
10. Reservation of title
The goods sold under these Conditions shall remain the absolute property of
the Company and legal title in the goods shall remain vested in the Company
until payment in full of all amounts invoiced or due to the Company in respect
of the Goods, or until the goods are resold by the customer, whichever shall
first occur. If the customer shall enter into liquidation, have a winding-up
order made against it, or have a receiver, administrator or administrative
receiver appointed over its assets, income or any part thereof before the
property in the Goods has passed in accordance with this condition, the
Company shall be entitled, immediately after giving notice of its intention to
repossess the goods, to enter upon the premises of the customer with such
transport as may be necessary and to repossess any Goods to which it has title
under this condition. No liquidator, receiver, administrator administrative
receiver of the Customer shall have authority to sell goods to which the
Company has title without the prior written consent of the Company.
10.1. Until such time as the property in and legal title to the Goods passes
to the Customer, the Customer shall hold the Goods as the Company’s fiduciary
agent and bailee and shall keep the Goods separate from those of the Customer
and third parties and properly stored, protected, insured and identified as
the Company’s property. Until that time, the customer shall be entitled to
resell or use the Goods in ordinary course of its business, but shall account
to the Company for the proceeds of sales of the Goods, including insurance
proceeds, and shall keep all such proceeds separate from any moneys of the
customer and of third parties.
10.2. The Customer shall not be entitled to pledge or charge, by way of
security for any indebtedness, any of the goods which remain the property of
the Company but, if the Customer does so, all moneys owing by the Customer to
the Company shall (without prejudice to any other right or remedy of the
reseller) forthwith become due and payable.
10.3. The Company shall be entitled to maintain an action for the price of the
goods notwithstanding that title in them has not passed to the customer.
11. Insolvency of customer
If the customer, being a body corporate, shall pass a resolution or suffer an
order of the Court to be made for winding-up, or if a receiver, administrator
or administrative receiver shall be appointed or, being an individual or
partnership, shall suspend payment, propose or enter into any composition or
arrangement with his or their creditors, or have a bankruptcy order made
against him or them, then the Company shall have the right, without prejudice
to any other contract with the customer, not to proceed further with the
contract, and shall be entitled to charge for work already carried out
(whether completed or not) and for goods and materials already purchased for
the customer, such charge to be an immediate debt due from the customer.
12. Patent rights
The acceptance of a quotation includes the recognition by the customer of the
right of the Company under any patent rights, trademarks, registered designs
or other intellectual property rights relating to the goods, and the customer
undertakes that patent numbers, trademarks or other trade markings on goods
supplied shall not be obliterated, altered or defaced.
13. Applicable law
These conditions shall be governed by and construed in accordance with English
Law and the parties acknowledge the exclusive jurisdiction of the English
Courts.
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