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1.1. In these conditions the following words have the following meanings. The Customer: the person(s), firm or company who purchases the Goods from the Company; The Company: Foodservice Equipment Marketing Ltd, Contract: any contract between the Company and the Customer for the sale and purchase of the Goods, incorporating these conditions; Delivery Point: the place where delivery of the Goods is to take place under condition 4: Goods: any goods agreed in the Contract to be supplied to the Customer by the Company (including any parts of them).
1.2. In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statue or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3. In these Conditions references to the masculine includes the feminine and the neuter and to the singular includes the plural and vice versa as the context admits or requires.
2.0 Use of this Website
2.1The Company uses its best endeavours to ensure that the information contained on its website and publications is accurate and not misleading. Accordingly The Company reserves the right, without obligation, to amend or delete product information without notice.
2.2 On registration The Customer will be required to enter the password supplied which is needed to access their account. The Customer will be responsible for the security of this password and The Company advises that The Customer does not disclose it to third parties and that The Customer changes it on a regular basis. The Company will not be liable for any loss resulting from the misuse of The Customer’s password.
2.3 The information provided on this website is intended to be used only by The Customer. The Company does not authorise the use of such information for any purpose other than The Customer’s use.
3.1. If orders to be delivered are placed before midday, goods held in our warehouse are usually delivered the next working day on the UK mainland, although bulky or fragile items may take longer.
3.2. For off shore and remote areas including Northern Ireland, Highlands, Isle of Man, Isle of Wight, Channel Islands, Alderney and Scottish Islands a supplementary delivery cost may apply.
3.3. All products are subject to availability.
3.4. Any dates specified by the Company for mail order delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.
3.5. All large machinery, refrigeration, and flat packed prices include delivery to the door (ground floor only) UK mainland. Mail and web order delivery does not include going on the premises, negotiating stairs or lifts, unpacking, positioning or assembling items. The Customer needs to ensure that all products will fit through doorways and onto premises, the Company will not accept responsibility if it will not fit. Any carriage charges caused by aborted delivery are the Customers responsibility.
3.6. Subject to the other provisions of these Conditions the Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence).
3.7. Any delay in delivery will not entitle the Customer to cancel the order. The Company will not be liable for failure or delay in delivery of the goods, if it is due to an event beyond the reasonable control of the company.
3.8. The Customer must ensure that someone is on site to accept and sign for delivery. Any signature taken to accept delivery is binding.
3.9. If for any reason the Customer will not accept delivery of any of the Goods when they are ready for delivery, or the company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licenses or authorisations:
3.9.1. Risk in the Goods will pass to the Customer (including for loss or damage caused by the Company’s negligence);
3.9.2. The Goods will be deemed to have been delivered; and
3.9.3. The Company may store the Goods until delivery where upon the Customer will be liable for all related costs and expenses (including, without limitation, storage and insurance).
3.9.4. For large machinery or refrigeration, where a delivery attempt has been made and failed due to customer error, a subsequent delivery charge may be made.
4.1. Goods are not supplied on a sale or return basis.
4.2. The Company reserves the right to impose an administration charge on all returns. Due to the high cost of carriage and handling, a restocking fee may be incurred if it is necessary to return large items.
4.3. Once the Company has acknowledged the Customer's order, the Customer may only cancel the order if the Company agrees to accept such cancellation. In such an event the Company reserves the right to charge a cancellation fee in respect of its cost, which the Customer shall pay.
4.4. No goods are accepted for return after 30 days. All goods returned are at senders expense and responsibility.
4.5. You will require a returns authorisation reference to return any item from our website/ catalogue. You must telephone our office on 01355 244111 to be issued with an authorisation reference before returning goods.
4.6. Unrequired goods for credit must be in perfect condition and in original packaging. A 15% restocking charge will apply. No goods are accepted for return after 30 days.
4.7. Full purchase detail i.e. our order number, must be included on all returns.
4.8. All goods returned are at senders expense and responsibility.
4.9. No special items (non stock lines) will be accepted back for credit.
5.0 Credit Terms
5.1. Credit terms are strictly subject to approval, and are subject to change. Strictly 30 days end of month, from the date of invoice. Foodservice Equipment Marketing Ltd may charge interest on any amount not received by the due date.
5.2. The title of the goods will not pass to the purchaser until the goods are paid for in full.
5.3. We operate a policy of continuous product development and improvement and from time to time, may alter the specification of items shown on the website/ catalogue.
5.4. We reserve the right to change our prices without prior notification. All orders are subject to Foodservice Equipment Marketing Ltd's trading terms and no other terms including customer purchase terms apply unless expressly agreed by Foodservice Equipment Marketing Ltd in writing.
6.0 Guarantee and Liability
6.1. Goods supplied by Foodservice Equipment Marketing Ltd are guaranteed in accordance with the terms of the manufacturer's warranty provided with the goods for 1 year if not stated with the goods. The warranty applies to UK mainland only.
6.2. Our warranty does not apply to wear and tear, or if a product has been damaged or misused. Machines returned for repair in warranty where it is found the machine has been abused or has not been used as the machine was designed for will be charged for. This also applies where a machine has not been maintained properly including cleaning and descaling where applicable.
6.3. Machines returned for repair are not reassembled if on quotation you do not require the machine to be repaired. Loan machines are not available.
6.4. Foodservice Equipment Marketing Ltd accepts no liability of whatever nature arising as a result of any representations, breach of contract, late delivery of product, negligence or otherwise including but not limited to any liability for indirect or consequential loss, or loss of profits, revenue, business or goodwill except for liability for death or personal injury by Foodservice Equipment Marketing Ltd's negligence.
6.5. All conditions, warranties, guaranteed and representations, express or implied, by statute, common law or otherwise in relation to the goods (other than liability which Foodservice Equipment Marketing Ltd is not permitted by law to exclude or restrict) are herby excluded.
7.0 Damages and Shortages
7.1. If any order is received short or damaged, notification must be received in writing within 24 hours of delivery (to allow for carrier claims).
7.2. If external packaging is damaged on delivery, reject the delivery or sign for 'as damaged' on delivery note. Photographic evidence of the damage is required. If an item is reported damaged, do not dispose of packaging.
8.1. Every effort is made to prevent printing errors in on the website/ catalogue. Any error will be advised at the time of ordering, so that we can proceed with corrected details and prices.