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Terms & Conditions

Terms and conditions of sale, delivery and payment (UK)

General

These conditions shall apply to all quotations and Contracts for the sale or supply of goods (“the Goods”) by Pico Catering Projects Ltd (TA specialoffercateringequipment.co.uk)(“the Company”) unless expressly varied or excluded in writing signed by a representative of the Company duly authorized in writing. Unless expressly agreed in writing, any terms and conditions contained in the Purchaser’s Order or otherwise shall not apply. 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.

Acceptance

All orders 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.

Delivery

The Company, whilst making every effort to effect prompt delivery will not unless otherwise agreed in writing signed by 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 of the goods shall take place: (i) Where the company undertakes delivery of the goods, when the goods are loaded off the Company’s vehicle or that of the carrier at the station, port or location specified by the Purchaser; or. (ii) Where the Purchaser undertakes delivery of the goods, when the goods are loaded onto the purchaser’s vehicle, or that of his designated carrier at the Company’s premises or other pre-arranged location.

Prices

(a) 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 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 dispatch.

The Purchaser will pay the price as so invoiced.

(b) Any matter apart from the supply of goods, such as especially (although without limitation to the generality of the foregoing) modifications, special test or inspections, carriage, insurance, packing or samples shall be charged to the Purchaser Goods will be consigned by Road Transport at ordinary goods rate. Orders instructing dispatch by other means will be subject to an additional charge to cover the Company’s extra cost.

Payment

(a) Unless otherwise stipulated payment is due in full at point of order if the purchaser does not have a credit account. If the Purchaser has a Credit Account then all monies are due within 30 days of Invoice date. The Purchaser hereby waives any right of set-off it may have against the Company in respect of claims by the Purchaser against the Company. (b) Where the Contract is to be fulfilled by separate instalments or deliveries, the terms of payment set out in sub-clause (a) above shall apply to each individual instalment. (c) Should the Purchaser fail to pay on the due date to comply with the terms of payment, we reserve the right to charge charges and interest under the relevant legislation against late payment of Pico Catering Projects Ltd invoices.

Title and risk in the Goods

(i) The risk in the goods shall pass to the Purchaser on delivery, seven days after notification by the Company to the Purchaser that the goods are ready for delivery and delivery has not taken place, or when the Purchaser pays the price in full. (ii) As security for payment of the purchase price, until full payment has been received by the Company for all goods whatsoever supplied at any time by the Company to the Purchaser. (a) title in the goods shall remain in the Company; (b) should the goods (or any part of them) be converted into a new product, whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions, then the Company shall be deemed to have a lien over such new product to the value of the payment for the time being outstanding to the Company; (c) subject to (d) and (e) below the Purchaser shall be at liberty to sell the goods and the new products referred to in (b) above in the ordinary course of business on the basis that the proceeds of sale shall be held on trust by the Purchaser for the Company, and paid to the Company on demand; (d) the Company may at any time revoke the Purchaser’s power of sale by notice to the Purchaser if the Purchaser is in default for longer than seven days in the payment of any sum whatsoever due to the Company (whether in respect of the goods or any other goods supplied at any time by the Company to the Purchaser or for any other reason whatsoever) or if the Company has bona fide doubts as to the solvency of the Purchaser; (e) the Purchaser’s power of sale shall automatically cease if a receiver is appointed over any of the asset or the undertaking of the Purchaser or a winding-up order is made against the Purchaser or the Purchaser goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy; (f) upon determination of the Purchaser’s power of sale under (d) or (e) above the Purchaser shall place the goods and new products 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 and new products from the premises (including severance from the realty where necessary).

Undertaking and Exclusion of Liability

(i)In the event of any defect being disclosed in any goods or parts thereof supplied by the Company within one year from the date of installation or fifteen months from the date of delivery, whichever is the lesser, the Company undertakes to consider any claim and examine the goods alleged to be defective and should any fault, due to defective materials supplied by or workmanship on the part of the Company, be found on such examination to repair the defective part of parts or at the option of the Company, to supply free of charge new goods in place of those acknowledged by the Company to be defective. (ii) The above undertaking is limited to the supply to the Purchaser free at the Purchaser’s premises of the new or repaired goods in exchange for those acknowledged by the Company to be defective. (iii) The undertaking as set out in above shall apply to any replaced goods provided hereunder during the unexpired portion of the undertaking period applicable to the goods for which the replacement has been performed. (iv) Other than stated above, the Company undertakes no liability whatsoever in respect of goods sold by it, and shall in no circumstances be liable in respect of loss, damage or delay, injury or expense direct or consequential suffered at any time whether before or after goods may have been repaired or replaced and howsoever caused, even if caused by negligence or break of duty by the Company, its servants or agents. The terms set out herein are conclusive of the relations between the Company and the Purchaser and the Company shall be under no liability whatsoever by reason of any representation, statement or warranty, nor shall there be implied in any contract of sale any terms condition or warranty statutory or otherwise. (v) The Company shall not be liable for affixing any warning notices on the goods or their packaging which shall, where relevant, be the responsibility of the Purchaser, who as an expert in the field is deemed to have full knowledge of the goods, as regards safety and otherwise. The Company shall not be liable in any circumstances for any losses of profit or economic loss which the Purchaser may suffer arising from use of the goods by the Purchaser or a third party.

Checking Goods

Unless the Purchaser gives written or verbal notice to the Company within 7 days from the date of arrival of the goods at the Purchaser’s premises or the destination agreed by the parties (as the case may be) that the goods are not in conformity with the Contract, the Purchaser shall be deemed to have accepted the goods and shall be bound to make payment therefore on the due date.

Indemnity

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 or alleged 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 Purchaser’s specifications or with the siting or installation of the goods.

Health and Safety at Work

The attention of the Purchaser is drawn to the provisions of section 6 of the Health and safety at Work etc. Act 1974. The Company will make available upon request information on the design, construction and installation of the goods to ensure that as far as is reasonably practical they are safe and without risk to health when properly used. The installation of the goods requires a qualified person. They are not packed in a manner suitable for general sale it is the responsibility of the Purchaser to take such steps as are necessary to ensure that appropriate information relevant to the goods is made available to any person to whom the Purchaser supplies them.

Termination

Without prejudice to its other rights, the Company may, by giving written notice to the Purchaser, elect to terminate the Contract forthwith on the happening of any one of the following events: (i) If the Purchaser shall repudiate or commit any serious breach of the Contract; (ii) if the Purchaser shall commit any other breach of the Contract and shall not have remedied the same within one month of having been requested by the Company by notice in writing to do so; (iii) if any distress or execution levied upon or against any of the chattels or property of the Purchaser is not satisfied within 21 days after the date of such levy or enforcement; (iv) if the Purchaser is granted a moratorium by or enters into a composition of debts with its creditors; (v) if the Purchaser shall commit any act of bankruptcy or, if any petition or receiving order in bankruptcy shall be presented or made against the Purchaser; (vi) if an order be made on a resolution passed for the winding-up of the Purchaser, unless such resolution is made for the purposes of reconstruction or amalgamation; (vii) if a receiver or equivalent officer is appointed of the undertaking of any of the property and assets of the Purchaser.

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. The Company’s policy is one of continuous improvement and the right to charge designs at any time without notice is reserved.

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 in the Company’s works and lack of raw-materials or utilities, whether or not the same was or might have been foreseen when the Contract was concluded, the Company shall be under no liability for loss or damage suffered by the Purchaser, and performance shall be suspended during the period of such delay, provided always that if such delay shall exceed 6 months, either the Company or the Purchaser may give written notice terminating the Contract as to further deliveries or work.

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.

These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.

Website access

1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.

Use of website

1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.

1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.

Website Uptime

1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.

Visitor provided material

1.6 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

1.7 When using this website you shall not post or send to or from this website any material:

  • (a) for which you have not obtained all necessary consents;
  • (b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
  • (c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.

Links to and from other websites

1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.

1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

  • (a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
  • (b) you do not misrepresent your relationship with this website; and
  • (c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

Disclaimer

1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.

1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.

Exclusion of liability

1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.

1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.

Shipping

1.16 Your order will be processed and delivered without undue delay, no later than 30 days after your order has been placed.

1.17 Please allow for up to 7 working days for delivery following the dispatch of your order.

Cancellations, returns and refunds

1.18 All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.

1.19 Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.

1.20 To meet the cancellation deadline, please notify us via email or phone about cancelling the order before the cancellation period has expired.

1.21 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the order.

1.22 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.

1.23 Once you have notified us that you wish to cancel the order, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of your cancellation.

1.24 You will not have any right to cancel an order for the supply of any of the following goods:

  • (a) medicinal products or services that are either dispensed on prescription or are available free under an NHS arrangement.
  • (b) a contract for passenger transport services - such as bus, rail or flight tickets.
  • (c) the supply of goods or services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.
  • (d) the supply of goods that are made to the customer's specification or are clearly personalised.
  • (e) the supply of goods that are liable to deteriorate or expire rapidly - such as a delivery of fresh flowers or meat.
  • (f) the supply of newspapers, periodicals or magazines.
  • (g) the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance - for example, hotel bookings, courier services, car hire, restaurant bookings and theater tickets for specific dates.

1.25 In addition you will lose your right to cancel if you:

  • (a) unseal goods that are not suitable for return if they are unsealed, due to health protection or hygiene reasons.
  • (b) unseal audio, video recordings or computer software that were sealed at the time of delivery.
  • (c) combine goods with other goods after delivery so that they become inseparable.

Law and jurisdiction

These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.