In these Terms and Conditions:

 

“The Company” meaning Roland Allen & Co Ltd/Catering Equipment Centre

“The Customer” meaning any person, firm, Company or other legal entity that places an order, or buys any Products from the Company and includes employees, servants, agents, principals (disclosed or undisclosed) or sub contractors of any such person, firm, Company or other legal entity.

“Contract” meaning a contract between the Company and the Customer for the sale and purchase of Products.

“Product” means any equipment/goods sold via the showroom, catalogue, website, telephone, contract to be supplied by the Company to the Customer.

 

1

1.1 These terms and conditions exclude all other terms and conditions, other purported terms and conditions which the Customer implies will be rejected by the Company.

1.2 Any variations to these terms and conditions have to be agreed in writing and signed by a Director of the Company.

1.3 When the Customer places an order with the Company through any of its purchase points, the Customer is purchasing the product/s under these terms and conditions. Once the order is processed the contract will be formed and these terms and conditions adhered to.

1.4 Delivery of Products against an order is delivered by our own transport or by arranged courier direct to the Customers stated delivery address. The Customer on acceptance of their delivery must ensure that the order is undamaged, complete and accurate. All deliveries are signed for and this is the Customer’s acceptance that the order/Products are visibly undamaged, complete and accurate; all damages must be reported within 24 hours of delivery, any returns/refunds will not be applicable after this point although the Company can waive this at their discretion depending on the circumstances.

1.5 Goods that are missing from delivery or damaged due to delivery must be reported to the Company within 24 hours. Large goods such as refrigerators must be inspected by the Customer on delivery for visible damage and an acceptance of deliver docket completed noting any damage that resulted from delivery.

1.6 The Company may make and the Customer shall accept partial deliveries when required by the Company. Upon acceptance of the delivery all risk will pass to the Customer who will be solely responsible for protecting the goods from damage or destruction after delivery, however title will not pass until payment has been made in full for the goods in question. Any delays in delivery will not permit the Customer to cancel the order. All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at Customer's sole risk.

1.7 All prices quoted by the Company are quoted exclusive of VAT. Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the order. The Company has the right to amend its prices at any time prior to an order being placed and the Customer will be given appropriate notice.

1.8 Occasionally an error may cause the price/description published or advertised for goods to be incorrect, in which case the Company shall be under no obligation to honour the incorrect price or order. The Customer will have the option to cancel an order placed under these circumstances.

1.9 All contracts/orders are subject to stock availability and the Company has the right to alter or vary the specification of any Products with notice in writing and with the Customer’s approval.

1.10 All quotations to the Customer will not become an order/contract until they have been accepted/agreed in accordance with these terms and conditions.

1.11 All precursory discussions/advice, drawings, quotations, Customer visits are given by the Company for the sole purpose of securing an order/contract and are applicable to these terms and conditions and will form part of the contract.

1.12 The Company reserves the right to charge interest at 4% above the base lending rate of the Bank of England calculated monthly on late or overdue payments by the Customer.

1.13 Delivery including web, showroom, and telephone orders will be given an estimated date and time for delivery. No liability will be met by the Company if delivery dates are not met for whatever reason, but the Company will advise the Customer accordingly.

1.14 If any Goods are unavailable or out of stock then the Company may cancel the order in whole or part and refund any monies paid or issue a credit note. Alternatively, the Company may vary the order with the Customer’s approval.

1.15 Customers placing orders for age-restricted foods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.

1.16 Goods delivered are used, stored and installed at the Customer’s own risk and the Company will not be liable for any damage, loss or disruption caused by the incorrect storage, use or installation of the Product. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by the Company to the Customer before delivery.

 

2

2.1 Unless the Customer has established an account with the Company, full payment will be paid with each order. Where the Customer has established an account with the Company, payment will be made in full 30 days following the month end from the date of invoice or as otherwise agreed between the Company and the Customer.

2.2 All Products sold by the Company will be sold with the applicable manufacturer’s warranty. The Company in some circumstances may be able to offer extended warranties; this is to be agreed on an individual basis and a contract with costs will be formed between the Company and the Customer accordingly.

2.3 Cancellation of any Products is required in writing by the Customer to the Company at any time prior to delivery and acceptance in accordance with condition 2.4. However if the Company has incurred costs relating to the accepted order prior to cancellation the Customer will be liable for a cancellation charge of 25% of the value of the total order before VAT, however the Company maintains the right to waive this fee at their discretion depending on the circumstances. All cancellation fees will be invoiced by the Company to the Customer and will require payment in line with the companies invoice terms.

 

2.4 The Company reserves the right, by notice to the Customer, to cancel or suspend any order where payment has not been received in accordance with our payment terms.

2.5 The Company reserves the right to cancel any order and/or terminate this agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an administrator, liquidator, receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.

2.6 The Company reserves the right to suspend or terminate performance of this agreement where delivery or supply of the goods and/or performance of this agreement is affected by reasons out of the Company’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.

2.7 The Company reserves the right to cancel any order where it is reasonably suspected that the Customer is not legally permitted to purchase any goods specified in the order (such as solvents and knives)

2.8 Customers that have an account with the Company (set up as per the companies account terms and conditions) will be invoiced for all orders and the companies invoice terms will apply.

2.9 Customers who do not have an account with the Company will be required to pay for their goods at the order stage. If the Customer pays by cheque the Company will retain the goods until the funds have cleared, unless the Customer agrees that any unpaid cheques returned by the bank will incur an additional cost of £25 to be met by the Customer.

2.10  Where the Company as part of the contract are providing installation services to the Customer, the Customer must ensure the site is prepared for installation as per the Company’s instructions or the installation will not take place and the Company will then have the right to charge the Customer for any costs incurred due to the installation being delayed.

2.11 Service calls/repairs on goods supplied by the Company or on goods purchased elsewhere are chargeable with a call out charge and charges every 15 minutes thereafter consecutively. These fees are not negotiable, spares/parts required will be charged at an additional cost. The Company will endeavour to service/repair all goods supplied to them, however in circumstances where the goods are beyond economical repair or parts are no longer available the Company will not be held responsible/liable and the product will be returned to the Customer with the offer of a suitable replacement purchased from the Company.

2.12 Approved sub-contractors are used by the Company for service/repair and they have agreed to render services to the Company’s Customers in accordance with the Company’s policies. The Company is solely responsible for allocating work to the sub-contractors and Customers are not to arrange works directly with the sub-contractors.

2.13 Goods are guaranteed against defects in accordance with the terms of the Manufacturer’s warranty or for 1 year form delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at the Manufacturer’s discretion. Parts and labour under this warranty are guaranteed in the UK mainland only.

 

 

 

 

3

3.1 The Customer agrees that the Company will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the incorrect use of the goods by the Customer. The Company will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the goods for repairs, service or engineer visits. Nothing in this agreement shall exclude the Company’s statutory liability for personal injury or death caused by negligence, fraud or fraudulent misrepresentations or any other losses which cannot be excluded or limited by applicable law.

 

3.2 Goods sold are not insured for delivery unless otherwise confirmed by the Company.

 

 

4

4.1 The Customer’s data protection and privacy rights under this agreement are set out in the Company’s privacy policy (available on the Catering Equipment Centre website)

 

 

5

5.1 The Company believe that the information contained in their website, catalogue and all associated documentation to be accurate and not misleading. The Company has the right without notice or obligation to delete or amend any information without notice. Unit 17, Titan Court, Laporte Way, Luton, Beds, LU4 8EF Web: www.cateringequipmentcentre.co.uk Email: info@rolandallen.co.uk Roland Allen & Co Ltd Tel: 01582 730712