1.0 Definitions and General
The Seller referred to in the below document is Direct Catering Products Ltd and the Customer is the person, firm or company contracting, whether verbally or in writing, with the Seller. “The Goods” means the Goods supplied by the Seller to the customer.
All orders are accepted strictly on the understanding that the Customer accepts these conditions of business. If a customer issues an official order containing conditions of purchase the Seller’s conditions of sale shall prevail unless agreed in writing by the Seller.
2.0 Prices and publications
The Seller reserves the right to amend prices without notice. Prices quoted do not include VAT, which will be charged at rate ruling date of dispatch. Although the Seller endeavour to provide exact information as possible, the accuracy of any information supplied as to price, description, measurement or specification of goods and services cannot be guaranteed due to manufacturer’s revisions. Such information is given by way of identification or illustration only and the use of such description shall not constitute any contract as sale by description. It is the Customer’s responsibility to confirm that all goods comply with the local byelaws and/or regulations. Clerical errors and omissions are subject to correction without notice. All plans, drawings and quotations are subject to confidentiality clause and must not be disclosed to any third party without the Seller’s written consent.
3.0 Orders
3.1 The Customer shall be responsible to the Seller for ensuring accuracy of any order.
3.2 Orders are accepted only on the basis that these Terms (or varied of aforesaid) apply to the order. Accordingly, any terms endorsed on or contained or referred to in any customer’s order or confirmation or otherwise communicated to the Seller that are inconsistent with these Terms and are not specifically agreed to in writing by the Seller, shall be deemed to be superseded and nullified by these Terms.
4.0 Payment
Payment for the Goods should be made by either Cheque, BACS payment or Credit/debit Card to Direct Catering Products Ltd, Unit 25, Lodge Hill Industrial Park, Westbury Sub Mendip, Somerset BA5 1EY. Delivery is subject to payment clearance. Payment must be made for the order prior to delivery, unless a credit account has been established by the Seller for the Customer. Where the Customer has a credit account payment is due as stated in the written agreement between the Seller and the Customer. In the event we are not paid in accordance with agreed credit terms, we understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation. The Seller reserves the right to remove a Customer’s credit facility.
5.0 Passing of Property in Goods
Any goods or products delivered by the Seller or its agents to the Customer shall remain (save as regards risks thereto) the property of the Seller until all invoices, statements or accounts of the Seller rendered by the Seller to the Customer have been discharged in full. In the event of default or delaying payment howsoever arising the Seller shall be entitled to demand the return of the goods, which shall be forthwith delivered to the Seller.
The Customer agrees that the Seller is seeking to exercise its rights under this clause and may at any responsible time enter the Customer’s premises and remove the Seller’s goods. Should the Customer resell the goods prior to such payment the Seller’s beneficial entitlement shall attach to the proceeds of resale or to any claim for such proceeds. Such proceeds shall be held by the Customer as Trustee for the Seller in a separate designated account and rights of the Customer to receive such money shall be assigned to the Seller on demand. The Customer’s power of sale shall automatically cease if a receiver is appointed over any of the assets of the undertaking of the Customer, or a winding up order is made against the Customer, or the Customer goes into voluntary liquidation (otherwise than for the purpose of the reconstruction or amalgamation), or cause a meeting of or makes any agreement or composition with creditors or claims of any description material to the recovery of the goods or products from the Customer or any third party.
6.0 Cancellation and Restocking
Orders can only be cancelled by the Customer, subject to any charges deemed necessary, at the Seller’s absolute discretion. No cancellation can be accepted or refunds offered for items specially ordered or fabricated for the Customer.
Goods dispatched to the Customer and subsequently accepted for cancellation by the Seller will be subject to an abortive delivery charge, as well as any cancellation charge deemed necessary by the Seller. The Seller, at its absolute discretion, may agree to the return of Goods by the Customer provided that the Goods are returned at the Customer’s expense, in the same condition and in the original packaging as of the date of dispatch by the Seller or their agents. Any Goods agreed by the Seller as acceptable for return for any reason (excluding faulty goods) will be subject to a restocking charge of 25% of the net invoice value of the items, together with the reimbursement of any expense incurred by the Seller as a consequence of the return of said Goods to the Seller’s stock or to the manufacturer’s/supplier’s stock.
7.0 Warranty Definitions
It is the responsibility of the Customer purchasing for resale to confirm the relevant warranty arrangement on the appliance at the time of purchase. When ordering, the Customer accepts that the transaction is not a consumer sale as covered by statute. All Goods purchased are supplied with either:
7.1 A parts only warranty, whereby in consideration of the discount allowed to the customer, the Seller will warrant most goods against defective parts for 12 months (excluding the cost of installation of such parts) from the date of the Seller’s invoice (unless otherwise agreed in writing) providing the item has been installed, used, serviced and maintained in accordance with the manufacturer’s specifications. The cost of the labour element of any warranty work being undertaken will be borne by the Customer in recognition of the discount allowed.
7.2 A parts and labour warranty, whereby the Seller will be liable to replace defective parts plus supply labour to repair the defective part within 12 months from the date of invoice of the Goods. Where a “parts and labour” warranty is given, the Goods are repaired by a qualified person appointed by the Seller and the cost of such repair is agreed beforehand by the Seller in writing. We aim to attend all warranty calls within 72 work hours of the fault being reported to the service department at Direct Catering Products Ltd. Warranty work is carried out during normal working hours only, Monday to Friday 08:00hrs to 17:00hrs, unless otherwise agreed in writing.
Warranty work covers equipment component failure and manufacturing defects in materials only and therefore excludes: accessories, tools, removable panels, glass, fuses, plugs, sockets, links, rubber seals, connecting cables, consumable items such as calibration, cleaning, blockages and customer/operator misuse, poor washing results due to incorrectly commissioned chemical dosing quantities (where commissioning was not carried out by the Seller) and/or poor quality chemical product. In addition Direct Catering Products Ltd will not bear the costs for repairs where appliance breakdown is due to the following: Non-compliance with safety regulations and warnings given in the operating instructions, faults caused by the user through operating errors and a lack of care and or maintenance, intentional damage by the owner or third parties, incorrect installation when carried out by any party other than Direct Catering Products Ltd or an authorised agent, faulty repairs or repairs carried out by parties other than Direct Catering Products Ltd or an authorised agent, external influences (e.g. weather, transit damage), replacement parts subject to wear and tear (e.g. peristaltic pipes, filters), visual blemishes, marks and dents, the use of non-approved accessories, care products or chemicals and accidental damage.
The warranty period starts at the date of invoice or date of delivery, whichever is the earlier. The manufacturer’s standard warranty period is 12 months parts only, unless otherwise agreed in writing. No repair work will be undertaken without evidence that the equipment was purchased from Direct Catering Products Ltd or its distributor network.
Satisfactory evidence will normally be confirmation of all of the following:
1. Site trading name and address
2. Manufacturer, model number, serial number
3. Fault Description
4. Invoice/delivery documentation
All warranty calls from the Customer are accepted on the basis that they are valid and covered by the manufacturer warranty. Any charges levied in respect of abortive visits, or for work deemed by the manufacturers or their agents not to be valid under the terms of the manufacturer’s warranty, shall be recharged, including all charges resulting from incorrect installation (where installation was not provided by the Seller), inadequate or incorrect maintenance of machinery, inadequate usage of machinery and/or inadequate cleaning maintenance of machinery, including de-scaling where applicable.
Such charges will be invoiced to the Customer, who will in turn invoice the end user (at their discretion); recovery of such charges from any third party being the responsibility of the Customer. Warranty claims only cover defects caused by faulty manufacture, materials or workmanship. It does not cover defects caused by unsuitable storage conditions or processing, abnormal use, misuse or neglect or installation by unauthorised or unqualified personnel.
The Seller shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit, revenue, business, goodwill) suffered by the customer howsoever arising, whether by act or default of the Seller or otherwise. Loan machines are not made available. All warranties and conditions, whether implied by statute or otherwise, are excluded from this Contract to the extent permitted by law provided that nothing in this Contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller. No liability of any kind is accepted for oral representation of any kind by the Seller or its personnel. All equipment must be installed by a qualified engineer and proof of invoice may be required to validate any warranty claims.
Direct Catering Products Ltd retains the right to request any part replaced under warranty to be returned to Direct Catering Products Ltd for inspection and development purposes. If a requested warranty item is not returned within 10 days then Direct Catering Products Ltd retains the right to charge for the part.
If the part is returned and is found not to be covered under warranty due to any of the conditions regarding warranty mentioned above not being met, Direct Catering Products Ltd retains the right to charge at the full rate of the item and packaging.
8.0 Installation Conditions
The following terms and conditions apply to all installations. It is assumed, unless stated otherwise, that the site is on ground level with adequate access to facilitate manual handling of all appliances without removing any other appliances, doors or door frames, the installation does not require the use of specialist lifting equipment, and suitably terminated supplies are available within 1 metre of the final location of each appliance. The proposed installation area is clear, clean and reasonably level. The installation site is free from disruption by other trades, allowing work to be carried out in continuous visits during normal working hours. Any special permits or site procedures are to be pre-arranged so they will not cause any delays while on site. Adequate lighting, power and water facilities are to be made available to our installation engineers at no cost to ourselves. Vehicle parking charges will be additional to the estimated cost if free on-site parking is not provided. Packaging materials or pallets used to contain new appliances will be dismantled, flattened and left on the Customer’s premises near the waste collection point, unless otherwise agreed.
Standard installations do not include removal and disposal of old appliances unless otherwise agreed. Every effort will be made to ensure the site and equipment is left clean, however, this does not include deep cleaning of appliances to food preparation standards.
Please Note: The Customer is responsible for payment of all charges in relation to the installation works, including any extra charges that may be incurred either as a direct or indirect result of the above criteria not having been met regardless of who is responsible for the extra charges levied. The initial estimated cost does allow a small contingency for minor problems and oversights that may occur, however, any major deviation from the schedule of work will incur extra charges to the Customer. These would include, but are not limited to cancellations, aborted calls, extra materials required due to inadequately terminated supplies and additional work carried out due to an insufficient site survey.
9.0 Deliveries
Deliveries are to kerb side and do not include uploading, positioning or installation unless otherwise stated. The Seller will deliver as near to the delivery site as a road permits. The risk in the Goods will pass on arrival at and (where applicable) entry into the delivery premises.
Damage due to inadequate site access or unloading shall be at the Customer’s risk. The Seller shall in no circumstances be under any liability in contract or otherwise for indirect or consequential loss resulting from late or failed deliveries.
10.0 Damage
It is the Customer’s responsibility to inspect Goods at the time of delivery, before signing the delivery note and accepting the consignment. Any damage must be noted on the carrier’s delivery note at time of delivery (signing unexamined is unacceptable), otherwise claims cannot be entertained. Damage must be reported to both the Seller and carrier immediately, and confirmed to the Seller in writing within 48hrs of delivery. Damaged goods will not be exchanged if used, or any protective film removed unless expressly agreed by the Seller in writing.
Usage of goods claimed as damaged will be taken as acceptance of item(s) in good condition and the Seller will accept no liability (unless agreed by the Seller in writing before such a usage).
The Customer is responsible for checking that Goods have arrived on site before dispatching an engineer or professional person to attend to installations, maintenance or service calls. The Seller bears no financial responsibility for aborted call outs due to the Customer failing to confirm the Goods have arrived. The Seller bears no responsibility for failures of the carrier to deliver goods as requested by the Seller in accordance with the carrier’s terms and conditions.
11.0 Third Party/Public Liability
Save insofar as defect in the product(s) causes death, injury or damage to personal property, the Seller’s liability for any loss or damage shall be limited to the invoice value of the goods. Without prejudice to the foregoing, the Seller shall in no circumstances be under any liability in contract or otherwise for indirect or consequential loss or damage of whatsoever kind and howsoever caused, suffered by the Customer or others, save as may be expressly imposed by statute.
12.0 Force Majeure
The Seller shall not be liable in respect of any breach of contract due to any cause beyond their reasonable control including Acts of God, inclement weather, flood, lightning or fire, industrial action or lockouts, actions of government departments, war, riots or terrorism, or the action of any party for whom the Seller is not directly responsible.
13.0 Law and Jurisdiction
The contract shall be governed and construed in all respects in accordance with the Laws of England and shall be subjected only to the jurisdiction of the English Courts.
14.0 Data Protection
The Seller will store the Customer’s contact details on its customer database which will be shared with other group companies and external third parties acting on the Seller’s behalf as necessary to fulfill the Seller’s obligations under the Contract. The Seller may also use the Customer’s contact details to contact the Customer from time to time about products and services within its group company. The Customer may withdraw its consent for any personal data to be used for marketing purposes by contacting the Seller. For full details please refer to the Seller’s privacy policy.
Due to the technical nature of our products prices and specifications are subject to change without notice.
All images are for illustration purposes only.
All prices are exclusive of VAT.
