Andrew’s Catering Equipment Conditions of  Trading - September 2007

Quotations are issued and orders are accepted on the following conditions in which Andrew’s Catering Equipment is referred to as ‘Seller’:

CONDITIONS OF TRADING 

1. The property in any goods shall not pass to the Buyer until payment in full has been made, but nevertheless from the time of delivery thereof the risk of any loss or damage to or deterioration of the goods from whatever cause be borne by the Buyer.
2. No warranty condition, description or representation on the part of the Seller is given or implied from anything said or written between the parties or their representatives prior to the agreement for sale and any statutory or other warranty condition or description expressed or implied as to the state or fitness of the goods sold is hereby expressly excluded. The Seller however agrees to assign to the Buyer benefit of any claims or rights which it may have against other parties from which it has obtained goods which it resells to the Buyer.
3. The Seller shall not in any circumstances be liable for any failure or delay and/or any consequential loss incurred on goods delivered howsoever caused.
4. If the Buyer does not have an authorised credit account with the Seller, unless otherwise agreed in writing by the Seller, payment of the Price and VAT shall be due on or before the last day of the month after the month of delivery of the Goods. Time for payment shall be of the essence. Interest on overdue payments shall accrue from the date when payment becomes due from day to day until the date of cleared payment at a rate of 2% above Royal Bank of Scotland Plc’s base rate from time to time and shall accrue at such after, as well as before, any judgement.
5. Each part delivery or instalment of the goods shall be deemed to be sold under a separate contract and no default by the Company in respect of any part delivery of instalment shall entitle the Buyer to treat the contract repudiated in regard to any balance or instalment remaining deliverable.
6. Should default be made by the Buyer in paying any sum due under any order as and when it becomes due the Seller shall have the right either to suspend all further deliveries until its default shall be made good or to cancel the order as far as any goods remain to be delivered thereunder.
7. All prices in respect of goods will be those ruling at the date of despatch of the goods.
8. The Seller reserves the right to subcontract in fulfilment of the order or any part thereof.
9. Orders cancelled or changed after manufacture has begun are subject to a 25% charge.
10. No return can be accepted without prior written approval.
11. There is a 25% restocking charge on all returned items. In addition, freight must be prepaid to our warehouse. No goods can be returned later than within 30 days of purchase.
12. These conditions shall override any terms or conditions stipulated, incorporated or referred to by the Buyer in any circumstances.
13. We shall not be responsible for damage, injury or loss of any kind whatsoever to any person property or persons howsoever arising from the goods or otherwise in connection with the installation or erection of the same. Nor shall we be responsible for any additional risks which the customer’s Insurance Company may consider to have been undertaken by reason of the delivery, installation or use of the goods supplied.
14. The seller cannot be held responsible for any consequential loss in respect of breakdown or malfunction or any appliance or components, howsoever caused.
15. The Seller must be notified in writing of any shortages in, or damaged goods delivered within three days of delivery. No responsibility whatsoever for such shortages or damaged goods will be accepted by the Seller in the event of failure by the Buyer to notify the Seller of same within the said period of three days.
16. Delivery periods and dates are given in good faith, but are not the subject of any warranty or condition, and time shall not be of the essence of the contract in these respects. No liability will attach to the Seller if delivery periods or dates are not met for any reason whatsoever.
17. If you have ordered goods from our website which have not been customised specially for you, you may return them for a full refund (for the goods value excluding postage and packaging charge) within seven working days provided that the goods have not been opened and are in their original packaging.
18. No order received from a customer by the Company and no purported variation of these terms shall constitute a contract until accepted in writing by the Company. The company reserves the right to refuse any order, including subsequent to the sending of an order acknowledgement email.
19. These conditions shall in all respects be governed by any construed in accordance with English Law.

GENERAL CONDITIONS.

All equipment is sold with an agreed level of Warranty Service. “Parts Warranty” is in accordance with the manufacturers warranty certificate and conditions supplied with the equipment unless otherwise stated. All warranty cover is to be limited to one year from the date of installation. This warranty does not extend to normal maintenance items including but not limited to lubrication, adjustment of air flows, some air and gas mixture adjustments, pilot flame adjustment, door mechanisms, replacement of timers, light bulbs, fuses, tightening of screws and fasteners. Warranty will be invalidated and/or become chargeable if any problem is due to user damage or abuse, water damage (cleaning or otherwise), damage due to fire, incorrect installation, gas or electric supply problems or insufficient extraction or make-up air. Any repairs or replacements of defective parts shall be performed by Seller’s authorised service personnel. Seller shall not be responsible for and costs incurred if the work is performed by other than Seller’s authorised personnel.

Seller shall not be liable for consequential damages of any kind which occur during the course of the installation of equipment, or which result from the use or misuse by Buyer, its employees or other of the equipment supplied hereunder, and Buyer’s sole and exclusive remedy against Seller for any breach of the foregoing warranty or otherwise shall be for the repair or replacement of the equipment or parts thereof affected by such breach. The foregoing warranty shall be valid and binding upon Seller if and only if Buyer loads, operates and maintains the equipment supplied hereunder in accordance with the instruction manual provided to Buyer. Seller does not guarantee the process of manufacture by Buyer or the quality of product to be produced by the equipment supplied hereunder and Seller shall not be liable for any prospective or loss profits of Buyer.

The foregoing warranty is exclusive and in lieu of all other express and implied warranties whatsoever. Specifically there are no implied warranties of merchantability or of fitness for a particular purpose. The warranty service given on equipment is normally Level II to end users and Level I to distributors who purchase goods with the expressed purpose of selling it on to other users. Other warranty levels are subject to negotiation.

WARRANTY LEVEL I – 12 MONTHS PART ONLY.

Subject to the correct and proper installation and use of the equipment and stated general conditions, all parts are guaranteed for a period of twelve months with the exception of the following: • Ceramic stone baking decks are the responsibility of the purchaser; • All removable parts in Chargrills including but not limited to, burners, grates, radiants, stones and valves are warranted for a period of six months. Replacement parts will be invoiced on despatch and credited upon receipt of the faulty items at the Seller’s premises. Seller will use standard next day courier service. Any additional service shall be paid for by the purchaser. Defective thermostats and automatic safety valves covered under this warranty must be returned, carriage paid with capillary tubes intact or no credit will be allowed.

WARRANTY LEVEL II – 12 MONTHS PARTS AND LABOUR.

Parts warranty as covered in Level I with the addition of labour under the following conditions:

1. All warranty service carried out Monday – Friday 9.00 a.m. – 5.00 p.m. Requests for work outside these hours will be chargeable at the difference between engineers normal and outside applicable costs.
2. Standard response time for warranty service attendance is 48 hours. Calls received after 11.00 a.m. are classed as the following day. Emergency service may be arranged on request and chargeable at the difference in cost.
3. All service calls deemed to be operational problems, i.e., the equipment is in correct working order and no fault is found, will be charged for. See General Conditions for more specific reference.
4. All time spent waiting to access premises where a prior arrangement has been breached and/or call abandoned to Buyer’s failure to attend will be charged for.

The foregoing warranty shall be valid and binding upon Seller if and only if Buyer loads, operates and maintains the equipment supplied hereunder in accordance with the instruction manual provided to Buyer. Seller does not guarantee the process of manufacture by Buyer or quality of product to be produced by the equipment supplied hereunder and shall not be liable for any prospective or lost profits of Buyer.

WARRANTY LEVEL III – 12 MONTHS PARTS AND LABOUR (EXTRA).

Parts and labour as covered in General Conditions and Level I and II with the addition of the following:

1. Same day emergency* service calls received before 4.00 p.m. Monday – Friday.
2. Membership of “Emergency* Weekend Cover Register” with immediate access to engineer. “Emergency* weekend same day engineer attendance” for calls placed before 4.00 p.m.
3. Special note should be made to exclusion stated in the General Conditions and paragraph 4 of Warranty Level II.

* Emergency service is deemed to be where the equipment has completely failed and all suggestions from the engineer to resolve the problem have been discussed and tried. Non-emergency calls, e.g. oven rattle, which could be dealt with in normal working hours, will be charged for.

The foregoing warranty shall be valid and binding upon the Seller if and only if Buyer loads, operates and maintains the equipment supplied hereunder in accordance with instructional manual provided to Buyer. Seller does not guarantee the process of manufacture by Buyer or the quality of product to be produced by the equipment supplied hereunder and Seller shall not be liable for any prospective or lost profits of Buyer.