Terms & Conditions DEFINITIONS
1.1 Buyer means the person who buys or agrees to buy from the Seller.
1.2 Conditions means the Terms and Conditions of the sale as set out in this document and any special terms and Conditions agreed in writing by the Seller.
1.3 Goods means the articles which the Buyer agrees to buy from the Seller (which shall include where appropriate the Dispensers.)
1.4 Price means the price for the Goods excluding carriage, pricing, insurance and VAT.
1.5 Seller means Eurocatering NE Ltd
2. CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all contracts for the sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order confirmation or order or similar document.
2.2 All orders for Goods shall be deemed to be an offer of the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and Conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 The seller reserves the right to refuse to accept any order. Order acknowledgement emails do not constitute acceptance of an order.
3. THE PRICE AND PAYMENT
3.1 The Price shall be the Seller’s quoted price on the sales invoice. The Price is exclusive of VAT, which shall be due at the rate ruling on the date of the Seller’s invoice.
3.2 Payment terms We accept payment by Credit or Debit card, also payment by bank transfer. We also accept cheques posted to our address, clearance can take up to 10 days so please take this in to account when allowing for delivery.
3.3 The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have for any reason whatever.
4. THE GOODS
4.1 The quantity and description of the Goods shall be as set out in the Seller’s sales invoice.
4.2 The weights, dimensions, capacities, prices and other data included in the Seller’s catalogues, prospectuses, circulars, advertisements, printed matter and price lists are an approximate guide only. This data shall not be binding except to the extent that it is by reference expressly included in the contract.
4.3 Except for the specific guarantee set out below all implied terms, Conditions or warranties relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded.
5. LIMITATIONS OF LIABILITY
5.1 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.
5.2 The Seller reserves the right to charge for delivery of the Goods If they are to be delivered outside the Seller’s normal delivery area or if the Goods are of an unusual quantity or size.
6.1 The Buyer shall immediately notify the Seller in writing of any faulty Goods and shall give the Seller every opportunity of inspecting and remedying the faults if possible
6.2 In no circumstances will the Buyer have any right to compensation as a result of this Clause nor any rights to reject and return the Goods.
7. DELIVERY OF GOODS
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Seller will endeavour to deliver the Goods within 7 days from receipt of the Buyer’s order. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.2 The Seller reserves the right to charge for delivery of the Goods if they are to be delivered outside the Seller’s normal delivery area or if the Goods are of an unusual quantity or size.
7.3 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
7.4 All costs and charge incurred by the Seller will be paid by the Buyer in the event of a failure to accept delivery.
7.5. The Buyer or its agents must examine the goods upon delivery before signing the delivery note and accepting the goods. Any damage must be noted on the carrier’s delivery note at time of delivery otherwise claims cannot be entertained. The company does not accept signing the note as unchecked. The Company cannot be responsible for any goods damaged due to carriage damage if noticed after the note as been signed. The buyer must check first. Damage must be written clearly on the courier’s delivery note. Reports of the damage must be reported in writing within 24 hours to our company.
8. CANCELLATION OF ORDER
8.1 Cancellation before delivery will only be accepted on terms agreed between the Buyer and the Seller. In the event of any purported cancellation the Buyer will be responsible for the full financial loss incurred by the Seller.
8.2 The Buyer shall accept the Goods by a signed and legibly written name on the Seller’s delivery note. In any event the Goods shall be deemed to have been accepted both in quality and quantity by the Buyer 24 hours after delivery to the Buyer.
8.3 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. TITLE AND RISK
9.1 Risk shall pass on delivery of the Goods.
9.2 In spite of delivery having been made the property in the Goods shall not pass from the Seller until;
9.2.1 The Buyer shall have paid the price plus VAT in full; and
9.2.2 No other sums whatever shall be due from the Buyer to the Seller.
9.3 Until the property in the Goods passes to the Buyer in accordance with Clause 10.2 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller.
The Buyer shall store the Goods (at no cost to the Seller) separately from all other Goods in its possession and marked in such a way that they are clearly identified as the Seller’s property.
9.4 The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed from the Seller.
9.5 Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.
9.6 The Buyer 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 Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
9.7 The Buyer shall insure and keep insured the Goods to the full price against all risks to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
10. INSOLVENCY OR OTHER DEFAULT OF THE BUYER
10.1 If the Buyer fails to make payment for the Goods in accordance with this contract of sale or if any distress or execution shall be levied upon any of the Buyers Goods or if the Buyer offers to make any arrangements with its creditors or commits an act of bankruptcy or if any petition in bankruptcy is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if the Buyer shall suffer any analogous proceedings under the foreign law all sums outstanding in respect of the Goods shall become payable immediately. The Seller may in its absolute discretion and with prejudice to any other rights which it may have;
10.1.1 Suspend all future deliveries of Goods to the Buyer and/or terminate the contract without liability upon its part; and/or
10.1.2 Exercise any of its rights pursuant to Clause 10.
11. REMEDIES OF THE BUYER
11.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
11.2 Where the Buyer accepts or has deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
11.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
Any provision of this contract, which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed sever able and shall not affect any other provision of this contract.
12.2.1 No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
12.3 Force Majeure
12.3.1 Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action. fire, flood, drought, tempest or other event beyond the reasonable control of either party.
13.1 All Goods supplied by Eurocatering NE Ltd (Seller) will carry a One Year parts warranty unless otherwise stated. Some products come with an extended warranty. Please check for details.
13.2 Goods are not sold on a trial basis. All sales are final. Please make sure that the item you are ordering is suitable for your application.
13.3 Goods which have been ordered or delivered incorrectly will be accepted for return with prior approval from Eurocatering NE Ltd , A Return number will be given for the item returned. Returned goods will only be accepted if they are appropriately packed in original packaging, with instruction manuals and have not been used and or damaged by the customer or its carrier.
13.4 Eurocatering NE Ltd will charge a restocking fee of 25% on all goods returned.
13.5 Customers are responsible for returning all goods, ensuring that they are packaged suitably and for obtaining proof of delivery and receipt.
13.6 All transport charges for returning any goods to Eurocatering NE Ltd shall be the responsibility of the customer.
13.7 Claims for damaged goods on delivery must be notified within 24hours by telephone and followed up in writing by email within 48hours stating the damages and defects of the items received from the carrier.
13.8 Eurocatering NE Ltd shall be under no liability in respect of any defect in goods arising from any drawing, design or specification supplied by the customer to Eurocatering NE Ltd .
13.9 Eurocatering NE Ltd shall be under no liability if the defect or failure, within reason from Eurocatering NE Ltd , arises from wilful damage or misuse, negligence by the customer or third party, failure to follow the manufactures instructions, or alterations or repair to goods without prior consent from Eurocatering NE Ltd .
13.10 Except in the case of death or personal injury caused by Eurocatering NE Ltd negligence, Eurocatering NE Ltd will not be liable for any loss or damage (loss of profit or otherwise) or any other claims for compensation.
14. PROPER LAW OF THE CONDITIONS
14.1 This contract is subject to the law of England and Wales.