Terms & Conditions
Orders are accepted on condition that a) the following conditions of sale be accepted by the Customer to the exclusion or the Customer’s conditions and any other conditions of sale or purchase and b) in the event of re-sale the Customer undertakes the responsibility at ensuring that the ultimate purchaser is also fully acquainted with and accepts the said conditions.
- Quotations and tenders
All quotations and Tenders given by Garners Catering Equipment limited, (hereinafter referred to as the Company) are “ex-works” unless otherwise stated and are subject to a firm order being received by the company within 28 days commencing with the date of the tender unless otherwise stated in the tender. The acceptance of this order by the Company by written notice will constitute a contract subject to these conditions. Any variation of the contract must be in writing and signed by the Company and Customer. Where a firm price is quoted by the Company in the quotation or tender, such price will be the contract price provided delivery of the goods is completed within sixty days of the quotation or tender. In all other cases the contract price is based upon the cost of materials, labour, transport, fuel, and other relevant factors applying and statutory obligations at the time of tender or quotation, and if between that date and the date of actual delivery, variation either by rise or fall shall occur in these costs, then the contract price shall be amended to provide for these variations. The order must be accompanied by sufficient information to enable the Company to proceed with the order forthwith.
- Specifications and drawings
All quotations, drawings, designs and specifications provided by the Company remain the Company’s property and copyright and are to be treated as confidential.
- Customer requirements
The Company will endeavour to assist the Customer in selecting appropriate designs and materials for the goods, and will so far as practicable furnish information and data in relation thereto. Unless otherwise agreed in writing the Customer will determine all specifications of the goods and shall be the sole arbiter as to fitness for the particular purpose of the Customer and the Customer will rely entirely on its own skill and judgement in so doing. The Customer accepts sole responsibility for ensuring that the goods will comply with Fire Officers requirements, Building Regulations consents, Planning conditions and any other requirements of any statutory undertaker, which has any jurisdiction with regard to the goods and their installation. Accordingly except under the terms of the Company’s Guarantee outlined in these conditions of sale no liability whatsoever is accepted in relation to the manufacture, installation or capabilities of the goods nor will the Company assume any liability whatsoever for damage of any kind sustained either directly or indirectly by any person in or through the adoption or use of such Information or date in whole or in part.
- Delivery and completion dates
- In the event of either:-
- The Company being delayed in or prevented from making delivery or completing the contract owing to act of God, force majeur, war, civil disturbance, requisitioning, government or parliamentary import or export regulations or strike, lock out, trade dispute, difficulty in obtaining workmen or materials, breakdown of machinery, shortage of fuel, fire accident or any other cause whatsoever beyond the Company’s control or
- Non-delivery by the Company’s suppliers
The Company shall be at liberty to cancel the contract without incurring any liability for any loss or damage resulting therefrom.
- Whilst delivery and completion dates are given in good faith based upon information available to the Company at the time of quotation or tender, such dates are not guaranteed and the Company accepts no liability for delay (as defined in 4(a)(i) above) in delivery or completion and no delay (as defined) shall entitle the Customer to reject any delivery or any instalment or part of the order or to repudiate the contract or the order or any part thereof or to claim any damages or compensation in respect of the said delay.
Where the Customer supplies or agrees to plans to or with the Company from which measurements are taken or extrapolated or which are relied upon by the Company to purchase or supply goods to or for the Customer then the Company shall not in any way howsoever be liable for any misstatement as to the area or dimension which shall be found subsequently at the Customer’s premises and at any costs or losses arising from such misstatements or alteration to the premises shall solely be the responsibility of the Customer.
- This clause applies where the Company agree to install the goods on behalf of the Customer and in accordance with the Customer’s instructions.
- The Company shall in any event only accept instructions to install the goods were the Customer specifies the means of such installation and the Company accept no liability whatsoever in respect of the adequacy of suitability pf such means.
- The Customer undertakes to obtain all necessary consents, licences, permissions and insurances required in connection with the Installation of the goods.
- The Customer shall ensure that the floor and/or bases and/or other means of support for the goods to be installed are in all respects In a suitable state of repair and condition for the safe installation of the goods in accordance with good building practice and all necessary consents and permissions (including Building Regulations approval and Fire Regulations) and any other requirements of any statutory undertaker with jurisdiction in respect or the goods and their installation.
- The Customer shall ensure that all services necessary for the installation of the goods are provided to within one metre of the siting of relevant goods.
- Without prejudice to any other rights the Company may have arising under any other conditions herein contained the Customer shall fully and effectually indemnify the Company in respect of any loss. claim, liability or expense incurred by the Company due to any failure of the Customer to fulfil its obligation under this condition.
- Deliver and passing of risk
Notwithstanding that the Company may have agreed to install the goods when the Company delivers to the Customer, delivery will take place when the goods are delivered to the Customer’s premises or unloaded from transport whichever occurs last, and risk will thereupon pass to the Customer. When the Customer collects from the Company delivery will take place when the goods are loaded or leave the Company’s works whichever occurs first and risk will thereupon pass to the Customer. In each case the Customer will sign a delivery note which will be conclusive evidence that delivery has occurred. The Company accepts no responsibility for any loss or damage to goods howsoever arising, after goods leave the Company’s works except in cases where the Company itself has agreed to undertake transport, when the company accepts responsibility only for repair or replacement or damaged or lost goods where the cause of damage or loss was the result of negligence of the Company’s employee or agent. Customers are strongly advised to make suitable arrangements in respect of goods in transit out of the Company’s works. Claims in respect of loss or damage in transit should be made direct on the carrier or transporter concerned.
If the Company does not receive forwarding instructions within ten working days after notification to the Customer that the goods are ready for delivery, the Customer shalt arrange for storage at its own expense and risk failing which the Company shall be at liberty to store and arrange for storage of the goods at the Customer’s expense and risk and the goods shall be paid for by the Customer by reference to the time when the goods are ready for delivery or are due to be delivered, whichever ls later. Any charges for storage or demurrage after delivery will be paid for by the Customer.
- Patents etc
The Customer shall indemnify the Company against all actions, costs (including the costs of defending legal proceedings), claims, proceedings, accounts and demands in respect of any infringement of patents rights, copyrights, registered design or similar protective rights resulting from compliance with the Customer’s instructions whether express or implied.
The right is reserved by the Company to sub-contract all or any part of any contract without prior notice to the Customer.
Where goods are sold packed the extent of packing and/or protection will be at the discretion of the Company unless the Customer specifically requests special packing. The Customer is hereby informed that certain items of equipment the Company may require special packing. In all instances the Customer will be charged extra for special packing.
- Statutory obligations
The Company will offer every co-operation in observing any statutory obligations that may apply but the responsibility for the observance of all obligations the performance of which is necessary to comply with the Law of the Country where the goods are used or sold rests with the Customer who shall indemnify the Company against an claims arising under any Act or by reason of non-compliance with any of the said obligations and against all costs and expense arising from any such claim.
- Title to goods
- Notwithstanding risk in the goods passing in accordance with clause 7 hereof title in the goods shall not pass to the Customer until whichever shall be the first to occur of the following:-
- payment being received by the Company for the goods (and where applicable their installation) and no other amounts then being outstanding from the Customer to the Company in respect of other goods supplied by the Company
- the customer selling the goods in accordance with the provisions of these terms and conditions in which case title to the goods shall be deemed to have passed to the Customer immediately prior to delivery of the goods to the Customer’s Customer; and
- the Company waiving Its right under Clause 2 in respect of specified goods whereupon the title lo the said goods shall forthwith vest In the Customer.
- Before title has passed to the Customer under the terms of this Clause and without prejudice to any or its other rights, the Company shall have the right to recover or re-sell the goods or any of them and may enter upon the Customer’s premises by its servants or agents for that purpose.
- Should the Customer alter the goods by subjecting them to manufacturing process or incorporating them into another product or mixing them in any way then the resulting product (“altered goods”) will pass into the ownership of the Company until payment due under all contracts between the Company and the Buyer has been made in full and all the Company’s rights hereunder shall extend to the altered goods,
- Until payment due under all contracts between the Customer and the Company has been made 1n full:
- the Customer shall hold as Bailee of the Company the goods and altered goods and shall store them in such a manner that they be readily identifiable as the property of the Company.
- in the event of the sale or hire of the goods or altered goods by the Customer as Bailee of the Company it shall hold the proceeds of such sale or hire on trust for the Company in a separate bank account opened by the Customer for this purpose
- the Company shall be entitled to trace all such proceeds of sale or hire charges received by the Customer through any bank or other account maintained by the Customer
- in the event of sale or hire of the goods or the altered goods by the Customer in the ordinary course of its business the Customer shall assign its rights to recover the selling price or hire charges from the third parties concerned to the Company if required so to do in writing by the Company.
- As the insurable risk in the goods shall pass to the Customer as soon as the goods are delivered to him or to his order and pending disposal the Customer shall keep the goods insured in the amount of the price at which the goods are sold to the customer against all insurable risks.
- If the goods are destroyed by an insured risk prior to the same being paid for by the Customer, the Customer shall receive the proceeds of any such insurances as trustee for the Company.
- Prices quoted are net. Subject to credit being approved accounts are due for payment as specified in the quotation or tender and in the absence of any expenses provision not later than 30 days from the date of despatch time being of the essence, otherwise payment must be received by the Company before delivery. When deliveries are spread over a period each consignment will be invoiced as despatched and each month’s invoices will be treated as a separate account and be payable accordingly. The Company reserves the right to charge interest on all overdue accounts at four per cent above current bank rates. Failure to pay for any goods or for any delivery or instalment shall entitle the Company to suspend further deliveries and work both on the same order and on any other order from the Customer without prejudice to any other right the Company may have. The Company reserves the right where a Customer fails to adhere strictly to the agreed credit terms or where genuine doubts arise as to a Customer’s financial position to suspend delivery for any order of any part or Instalment without liability until payments or satisfactory security for payment has been provided.
- Goods or Equipment can only be returned for credit or replacements at the Customer’s expense and if in a clean undamaged and new condition within seven days of delivery. The Company reserves the right to charge the Customer a handling fee of 25% on the net value of the returned goods.
The goods manufactured and or supplied by the Company are supplied with the following express guarantee;-
The Company takes all precautions to ensure the quality of materials and workmanship and guarantees all goods and services against faulty material and/or workmanship for a period of twelve months from the date of delivery. The Terms of this Guarantee apply only to the first owner/user of the goods. The Company will in no circumstances accept responsibility of any defects whatsoever arising from misuse or any goods or arising out of situations outside the control of the Company or arising after the installation of any goods by any person who is not suitably qualified to install them. This Guarantee shall not apply to defects in any goods which have been altered outside the Company’s works and any claim hereunder must be made verbally within 2 days of discovery of the defect or in the case of any patent defect within 2 days of delivery whichever shall be the earlier and in each case written confirmation of such claim must be received by the Company no later than 12 days after the claim has been made verbally.
- Restrictions on the contractor’s liability
- Subject as aforesaid, all express or implied warranties, conditions, representations, undertakings or liabilities, whether imposed by statute, common law, custom or otherwise regarding damage or loss are hereby expressly excluded insofar that such matters are within the bounds of reasonableness and in the light of these terms and conditions; in particular, without impairing the generality of the foregoing, no statement or description contained in any catalogue or advertisement issued by the Contractor or any communication from the Contractor’s agents, representative, officers or employees shalt give or imply or be constructed as giving or implying any such warranty, condition, representation, undertaking or liability as aforesaid nor shall such statement or description remove, enlarge, vary or override in any way of the conditions herein contained.
- The contractor accepts no responsibility for damage direct, consequential, contingent or resulting loss, loss of profits, costs, charges, expenses or other liability, whether of the Customer or of any other party, arising out of the Contractor’s negligence, breach of contract or breach or statutory duly or in any other manner arising but within the bounds of reasonableness, the Contractors’ responsibility being strictly the Company to rectification or replacement as set out above and those matters referred to in these terms and conditions. Such rectification or replacement will be made as quickly as possible but the Contractor requires a reasonable time to affect this. A claim in respect of any defect or failure to comply with the specification or order or in respect of delivery or instalments of an order or any part thereof shall not entitle the Customer to cancel or refuse delivery of or payment for any other order, delivery or instalment or any part of the same order delivery or instalment
- Legal Construction
The contract shall in all respect be construed and operate as an English contract and shall be governed by English Law.
- Minimum order
Orders below £50 will be subject to a minimum order charge or will be dealt with on a Cash on Delivery or Collection basis.