Delivering great value
Catering Equipment & Cleaning Supplies
0 items : £ 0.00
Condition of Sale
Introduction
1. All goods sold by Trademaid Limited and any division of Trademaid Limited (hereinafter called “the company”) are sold subject to the conditions.
Special Print Orders
2. In the case of Special Print Orders or products specifically stocked at the request of the Customer, additional terms and conditions apply; these are printed on the reverse side of the special print order form or agreed under a separate written agreement with the customer. In all other cases, unless otherwise agreed in writing by a director of the company, any addition to, deletion from or variation or qualification shall be unenforceable.
Quotations and Prices
All quotations of price (whether written or oral) are subject to withdrawal or amendment by the company at any time prior to receipt by the company of any acceptance and thereafter are subject to correction of errors at any time.
If the company has not received an acceptance within 30 days of the date of quotation, the quotation shall be deemed to have lapsed.
The prices quoted by the Company's Representative are subject to stock availability and whilst every endeavour will be made to supply at quoted prices, the Company reserves the right to revise prices without prior notice. In particular, should any increase occur in the cost of labour, materials, transport and all or any other direct costs between the date of quotation and despatch of the goods, the company reserves the right to adjust the contract price accordingly.
All descriptions, dimensions, particulars, weights and specifications submitted by the company are deemed to be approximate only, as are details given in any Company catalogue, price list and advertising, and do not form part of the contract.
If the company has not received an acceptance within 30 days of the date of quotation, the quotation shall be deemed to have lapsed.
The prices quoted by the Company's Representative are subject to stock availability and whilst every endeavour will be made to supply at quoted prices, the Company reserves the right to revise prices without prior notice. In particular, should any increase occur in the cost of labour, materials, transport and all or any other direct costs between the date of quotation and despatch of the goods, the company reserves the right to adjust the contract price accordingly.
All descriptions, dimensions, particulars, weights and specifications submitted by the company are deemed to be approximate only, as are details given in any Company catalogue, price list and advertising, and do not form part of the contract.
Pricing
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Payment
(a) Payment for goods shall be made by cash with order unless credit terms have been arranged in which event payment for goods supplied under the contract shall be within 21 days of invoice unless otherwise stated on the face of the invoice.
(b) If payment of the price or any part thereof is not made by the due date, the company shall be entitled without prior notice and without affecting other rights hereunder :-
(i) To charge interest on the outstanding amount at the rate of 1.5% per month accruing daily.
(ii) To cancel or suspend delivery of any goods ordered by the customer which have not been delivered without incurring any liability to the customer.
(c) The Customer shall have no right of set off in respect of any claim it may make against the Company.
(d) The time for performance of the customer’s obligations (whether as to payment or otherwise) shall be of the essence so that failure to perform shall entitle the Company as its option to treat the contract as repudiated by the Customer and in the event that invoices remain outstanding following the agreed credit terms then all invoices then in existence, whether or not due for payment, will immediately become due and payable.
(e) The Company shall have a right of set off against any sums due by the Company or any of its associated companies to the customer.
(b) If payment of the price or any part thereof is not made by the due date, the company shall be entitled without prior notice and without affecting other rights hereunder :-
(i) To charge interest on the outstanding amount at the rate of 1.5% per month accruing daily.
(ii) To cancel or suspend delivery of any goods ordered by the customer which have not been delivered without incurring any liability to the customer.
(c) The Customer shall have no right of set off in respect of any claim it may make against the Company.
(d) The time for performance of the customer’s obligations (whether as to payment or otherwise) shall be of the essence so that failure to perform shall entitle the Company as its option to treat the contract as repudiated by the Customer and in the event that invoices remain outstanding following the agreed credit terms then all invoices then in existence, whether or not due for payment, will immediately become due and payable.
(e) The Company shall have a right of set off against any sums due by the Company or any of its associated companies to the customer.
Returning Kitchen Equipment
Please ensure that you have assessed all the technical specification (available on our website) prior to ordering. Should you remain unsure of what product is right for you, please call our kitchen equipment specialist for free and impartial advice on 0844 879 4479.
Should you wish to return your kitchen equipment item(s) it must first be agreed with Trademaid Ltd. A restocking charge of 25% applies and we reserve the right to charge for return carriage.
Please note that any kitchen equipment items returned must be in their original packaging together with all manuals and accessories.
In the event that you no longer have the packaging, we will be unable to accept the item(s). Credit will only be honoured once the goods have been received and inspected by Trademaid Ltd. In the event of returned goods being used and un-saleable, no credit will be given and the goods will be sent back to the customer.
Should you wish to return your kitchen equipment item(s) it must first be agreed with Trademaid Ltd. A restocking charge of 25% applies and we reserve the right to charge for return carriage.
Please note that any kitchen equipment items returned must be in their original packaging together with all manuals and accessories.
In the event that you no longer have the packaging, we will be unable to accept the item(s). Credit will only be honoured once the goods have been received and inspected by Trademaid Ltd. In the event of returned goods being used and un-saleable, no credit will be given and the goods will be sent back to the customer.
Title To Goods
(a) Notwithstanding delivery and the passing of risk the property in all the goods delivered by the Company to the Customer shall remain vested in the Company until unconditional payment in full is received and cleared through the Company’s bank account not only for the goods but also for goods and/or services comprised in any other contracts between the Company and the Customer which have been delivered and/or performed but remain unpaid.
(b) Until payment due from the Customer under all the contracts between the Customer and the Company has been so received in full:-
i. The Customer shall hold upon trust for the Company the goods;
ii. The Customer shall at all times keep the goods comprehensively insured against normal perils and damage;
iii. The Customer shall subrogate to the Company any rights it may or will have in respect of insurance monies recoverable for the goods;
iv. The Customer shall hold the goods as bailee in a fiduciary capacity for the Company and it shall be the responsibility of the Customer to keep the goods in good condition at its own expense;
v. The goods shall be held separately from any other assets and be identified as the property of the Company and;
vi. The Customer shall permit any officer, employee, representative or agent of the Company to enter with or without vehicles onto the Customer’s premises or other site where the goods are located and to repossess the goods.
(b) Until payment due from the Customer under all the contracts between the Customer and the Company has been so received in full:-
i. The Customer shall hold upon trust for the Company the goods;
ii. The Customer shall at all times keep the goods comprehensively insured against normal perils and damage;
iii. The Customer shall subrogate to the Company any rights it may or will have in respect of insurance monies recoverable for the goods;
iv. The Customer shall hold the goods as bailee in a fiduciary capacity for the Company and it shall be the responsibility of the Customer to keep the goods in good condition at its own expense;
v. The goods shall be held separately from any other assets and be identified as the property of the Company and;
vi. The Customer shall permit any officer, employee, representative or agent of the Company to enter with or without vehicles onto the Customer’s premises or other site where the goods are located and to repossess the goods.
Cancellation by the Company
If the Customer shall fail to make any payment when due or enters into any arrangement with its creditors, or if, being an incorporated Company, shall have a receiver appointed or shall pass a resolution for winding up or a court shall make an order to that effect, or if, being an unincorporated Company, shall have a receiving order made against it, or if there shall be any breach by the Customer of any of the terms and conditions herein (or, in the case of special print orders, of any of the special print orders terms and conditions), the Company may defer or cancel any further deliveries and treat the contract as determined without prejudice to its right to the unpaid purchase price of the goods delivered and to damages for any loss suffered in consequence thereof and to any interest outstanding.
The Company reserves the right to cancel or reduce any order in event of being unable for any reason to execute either the whole or part thereof.
The Company reserves the right to cancel or reduce any order in event of being unable for any reason to execute either the whole or part thereof.
Carriage
Quoted prices for goods ordered which are to be delivered to any part of the mainland of England, Scotland and Wales where the order value exceeds £50, include carriage costs in respect of orders with a value of £50 or less, a handling charge will be levied. The Company reserves the right not to accept orders with a value below £50. In respect of orders outside England, Scotland and Wales, the Customer will be charged for carriage at cost, in addition to the quoted price.
Claims
No claim shall be entertained by the Company unless received by the Company in writing. Claims arising from damage or partial loss in transit must reach the Company within 7 days from the date of delivery. Claims for non-delivery must reach the Company within 7 days from the date of despatch. All other claims must reach the company within 7 days from delivery. Damaged goods must be retained for inspection/collection.
Liability
Subject to the Unfair Contract Terms Act 1977 and the "requirement of reasonableness" therein, in the event of any claim against the Company in respect of any matter whatsoever, the liability (if any) of the Company shall be limited to the replacement of the goods sold b the company in respect of when the liability (if any) matter whatsoever, the liability (if any) of the Company shall be limited to the replacement of the goods sold by the Company in respect of when the liability (if any) arises only and under no circumstances shall the Company be liable to the Customer or any other party for any consequential loss or damage whatsoever.
Force Majeure
Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company and such variations as the Company may find necessary as a result of inability to secure labour, materials or supplies as a result of any Act of God, War, Strike, Lock-out, other Labour Dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the company’s control. The Company shall be under no liability for failures, variations and delays attributable to causes beyond its control.
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.
Other Conditions of Sale
By ordering any goods from the Company, the Customer will be deemed to have accepted that these Conditions take precedence over any other conditions contained on or in any letter, acceptance from, receipt or the like received by the Customer in connection with the goods so ordered and that any such other conditions will not form part of the contract between the Company and the Customer for the sale of such goods. For the avoidance of doubt, it is here reiterated that in the case of special print orders, the additional terms and conditions printed on the reverse of the Special Print Order Form do apply and in the case of products specifically stocked at the request of the Customer, any additional terms do apply in additional to these conditions and do form part of the contract for the sale of such goods between the Company and the Customer.
Trading Agreement
The Company reserves the right to consult whomsoever it considers appropriate for the purposes of trade references and will record information in respect of such opinions which will be made available to other businesses for the continuing assessment of credit risk.
Proper Law
These Conditions and all quotations, offers and acceptances shall be governed by and construed according to English Law.
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© Trademaid Limited E&OE May 2012