These conditions shall apply to all quotations and contracts for the sale or supply (“of goods”) by Maggie Lo Catering Supplies Ltd (“the Company”) unless expressly varied or excluded in writing signed by a representative of the Company duly authorised in writing. If any of these Conditions or any part thereof is rendered void or unenforceable by law, it shall be so void or unenforceable to that extent and no further and shall be deemed amended to the extent necessary to render it enforceable at law.
The company reserves the right to consult whomsoever it considers appropriate for the purpose of Trade References and will record information in respect of such opinions which will be made available to other businesses for continuing assessment of credit risk.
All order are subject to written acceptance by the Company and are accepted on the understanding that these Conditions apply. Orders accepted cannot be cancelled without the Company’s written consent and on terms which will indemnify the Company for all loss.
Unless otherwise stated in the contract, all prices in quotations and contracts apply to goods unpacked ex-works and are payable strictly net in £sterling in the UK. All prices are subject to VAT at the applicable rate. All such prices are subject to alteration without prior notice and all orders are accepted on the understanding that they will be invoiced at prices ruling at the day of despatch. The Purchaser will pay the price as so invoiced.
Unless otherwise stipulated payment is due in full prior to despatch. Should the purchasers fail to pay on the due date to comply with terms of payment the Company shall be entitled to a late payment charge on the balance for the time being outstanding of 3% per month or part thereof.
Leasing is subject to status. All leasing and finance is via a third party and their terms and conditions will apply.
Some products may incur a supplier delivery charge. The company, whilst making every effort to effect prompt delivery will not unless otherwise agreed in writing signed by a representative of the Company, be liable for loss or damage occasioned by delay in delivery howsoever caused, and any dates expressed in the contract or quotation are given subject to this condition.
Delivery is normally kerbside only, this is termed as our standard delivery method. It is your responsibility to ensure delivery can take place and that reasonable access is available. If delivery cannot happen for whatever reason (e.g. parked cars blocking entry to your street, no one in to accept delivery, unable to leave safely) and a re-delivery is needed then charges will always apply.
7 Checking Goods
It is the Purchasers responsibility to inspect the equipment at the time of delivery. Should equipment arrive damaged, the delivery note should be endorsed accordingly and the Company notified in writing within 3 days. Claims for damage will not be entertained on a clear signature or if signed unexamined, the Purchasers shall be deemed to have accepted the goods.
The Company will only accept cancellation as follows:
a) Goods are not sold on a trial basis. Purchasers should check specifications and suitability before ordering. The Company does not warrant the suitability of goods for specific applications.
b) Goods which have been incorrectly ordered will only be accepted for return with prior approval from the Company. Returned goods will only be accepted if they are correctly packed in original package with manuals and have not been used. A restocking charge of 25% will be levied on all such goods.
c) If the buyer cancels whilst the goods are still in transit an abortive delivery charge will be levied.
Once delivery has been taken, all goods are non-returnable unless they are faulty or damaged upon delivery. The Purchasers should ensure that the product that they are ordering is suitable for their requirements and no responsibility is placed with the Company for their decision. In the event that the goods the Purchasers receive are damaged or faulty, the goods will be inspected and any problems will be rectified on-site under the manufacturer’s warranty terms. Only in the unlikely event that the problems would not be resolved under the manufacturer’s warranty terms, refunds or exchange can be given at the Company’s discretion.
10 Service Fees
If the Purchaser decided to pay the service fee on any equipment purchased, then the Company will undertake any repairs necessary during the period stipulated in the contract from the date of installation. All service calls must be placed by the Purchaser. This warranty does not cover breakdowns which have been caused by misuse or not correctly installed. If after repairing goods the fault is found to have been caused by customer misuse the service charges plus an administration fee will be passed onto the Purchaser.
11 Title and risk in the Goods
The risk in the goods shall pass to the Purchaser on delivery. The title in the goods shall pass to the Purchaser when full payment is received by the Company.
If the Purchaser is in default for longer than seven days in the payment of any sum whatsoever due to the Company, or if a receiver is appointed over any of the assets or the undertaking of the Purchaser or a winding-up order is made against the Purchaser or the Purchaser goes into voluntary liquidation or commits any act of bankruptcy, the Purchaser’s power of sale shall automatically cease. Upon determination of the Purchaser’s power of sale, the Purchaser shall place the goods at the disposal of the Company who shall be entitled to enter upon any premises of the Purchaser for the purpose of removing the goods from the premises.
The Company shall not be liable for and the Purchaser shall indemnify and hold the Company harmless against all claims by any person in tort or for infringement of patents copyright or registered designs or otherwise arising directly or indirectly in connection with work done by the Company on the goods in accordance with Purchasers specifications or with the installation of the goods.
13 Descriptive matter
Descriptive matter, illustrations, estimate of performance dimensions and weights contained in documents issued by the Company are to be regarded as being for guidance only and are not binding on the Company in any way.
14 Force Majeure
In the event of the Company being delayed from performing the Contract by any cause beyond its reasonable control including strikes, lockouts, war, fire, accidents, the Company shall be under no liability for loss or damage suffered by the Purchasers, and performance shall be suspended during the period of such delay, provided always that is such delay shall exceed 3 months, either the Company or the Purchaser may give written notice terminating the Contract as to further deliveries or work.
All new products supplied are inclusive of commercial warranty which is 1 (or unless otherwise stated) year parts manufacturers guarantee from date of purchase (or the date of delivery if this is later), but excludes if fault is caused by accident, neglect, misuse or error in installation, or if not installed by approved contractor, or not installed according to manufacturers specification. The warranty does not extend to malfunctions resulting from natural wear and tear or the result of mistreatment or mishandling. Perishable parts such as door seals, light bulbs and non-mechanical or electrical parts such as handles, feet & hinges are excluded from the warranty and will be provided entirely at the discretion of The Company. Warranty is valid in UK mainland only. If parts are required they will be delivered to a UK mainland address, this is usually where the equipment was originally delivered to. If equipment has to be returned it is the customers responsibility to return the equipment to a UK mainland address.
16 Warranty Outside UK Mainland
Labour warranty will not be offered by manufacturers outside UK mainland. If parts are required they will be delivered to a UK mainland address.
17 The Waste Electrical and Electronic Equipment (WEEE) Directive
The European Waste from Electrical and Electronic Equipment Directive aims to reduce the amount of WEEE going to landfill. The Purchaser takes responsibility that at the end of the equipment life the Purchaser will dispose of the equipment in the correct manner as required by the WEEE Directive.
18 English Law
This agreement shall be governed by English Law and the Purchaser hereby irrevocably submits to the non-exclusive jurisdiction of the English Courts or at the Company’s option any other Court or competent jurisdiction.