Mr Whiteware catering equipment – Terms and Conditions
Terms & Conditions of Sale
In this Agreement,
>> the “Customer” means any person or business who places an Order with Mr Whiteware
>> The “Goods” means any items sold or supplied by Mr Whiteware under an Order;
Mr Whiteware Ltd, a company incorporated in England, with company no 6719231
Mr Whiteware Ltd
92 Chatsworth road,
1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. The Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties.
2 Any Order is subject to acceptance by Mr Whiteware. Mr Whiteware is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Mr Whiteware does not in itself constitute acceptance by Mr Whiteware of the Order.
3 No variations to this Agreement will apply unless expressly agreed by the Parties in writing.
2 Goods being sold
1. Descriptions and specifications for the Goods are set out by Mr Whiteware at the time of the Order and Invoice.
2. Goods ordered are sold subject to stock availability from the manufacturer or Distributor and we may offer a substitute for the Goods with newer items or items of comparable or better quality, with the Customer’s approval.
3. If any Goods are unavailable or out of stock then Mr Whiteware may cancel the Order in whole or in part and refund any monies paid or, issue a credit note, or vary the order with the Customer’s approval.
3 Terms of Payment and Payment Methods
1. All prices are quoted in British Pound Sterling.
2. Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”) or any Import tariffs that may apply, these will be charged at the relevant rate at time of the Order.
3. The Goods shall be payable at the prices agreed at the time of the Order.
4. A delivery and/or insurance charge may be payable in addition to the price of the Goods.
5. If any error occurs in the price or description, Mr Whiteware are not obliged to honour the incorrect price or Order.
6. Payment for Goods and Delivery may be made by bank transfer, company cheque or cash.
7. Mr Whiteware reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled.
8. Payment terms are strictly adhered to as agreed in advance.
9. Mr Whiteware reserves the right to charge interest at 8% above the base lending rate of the Bank of England calculated daily on late or overdue payments by the Customer.
10. Customer agreed accounts are provided solely at Mr Whiteware discretion and are subject to regular checks.
11. Mr Whiteware reserves the right to suspend or withdraw agreed account facilities at any time.
12. Mr Whiteware shall be entitled to deduct from or set off against the price of the Goods/Order any sums that are owed by the Customer under this or any other agreement between the Parties.
4 Delivery & Retention of Title
1. Standard Delivery is 3 to 5 days within the UK mainland subject to a confirmed Order being accepted by Mr Whiteware before 12.00pm on a working day (Monday to Friday) and provided no additional credit checks are required and the Goods are available.
2. Next day delivery may be available at an extra charge.
3. Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
4. Mr Whiteware will use reasonable endeavours to meet delivery estimates in all cases but cannot be held liable for any delay in delivery.
5. Goods delivered are used, stored and installed at the Customer’s own risk unless over wise agreed with Mr Whiteware
6. Mr Whiteware will not be liable for any damage, loss or disruption caused by the same.
7. All deliveries will be delivered by a third party carrier and it is the customer’s responsibility to check all goods before the carrier leaves.
8. The customer must not sign any paperwork of the third party carrier if damages of the equipment are visible and all damages are to be reported immediately to Mr Whiteware (Photograph evidence will be required)
9. Where installation/disconnection services are required and ordered by the customer further charges, terms and conditions may apply as communicated by Mr Whiteware to the Customer before delivery.
10. All large equipment is delivered to the ground floor locations only.
11. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at Customer’s sole risk.
12. Where delivery is delayed, cancelled or not accepted by the Customer (including due to lack of delivery instructions), Mr Whiteware reserves the right to charge for cancelled deliveries or for storage at 25% of the invoice value for the respective Goods calculated daily until a successful delivery can be made.
13. Title and property in the Goods will only pass to the Customer upon payment has been made in full for the Goods in question,
5 Warranties and Returns
1. Subject to the conditions in this clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging.
2. Any unwanted, non-faulty or non-damaged Goods returned more than 3 days after delivery will be subject to a 25% restocking charge (calculated by Order value) on refunds.
3. Certain last-in-line or special-to-order products are non-returnable.
4. Goods are guaranteed for 1 year from date of invoice unless otherwise stated.
5. Goods reported faulty within the specified warranty period may be repaired, exchanged or replaced at Mr Whiteware discretion.
6. Parts and labour under this warranty are guaranteed in the UK mainland only.
7. Spare parts purchased do not have any warranty.
6 Void Warranties
1. Void warranties in this Clause 6 apply to Goods that have not been paid for in full
2. Any defect in the Goods caused by the fault reported,
3. Negligence or failure of the Customer to use the Goods for their normal intended purpose or failure to adhere to manufacturer instructions
4. Storage, and use in incorrect environment, Maintenance, de-scaling and cleaning. Gaskets, refrigerants, Electric lamps, fuses, Keys, locks, Glass, filters, Mains plugs and leads,
5. Hose connections and consumables are warranted to be free from defect on delivery only
6. Engineer call-outs and repairs carried out on non-warranty faults or defects are subject to charges including where the Customer has missed or is unduly late for an arranged call-out.
7. Mr Whiteware may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without Mr Whiteware prior endorsement or approval.
8. Any Goods repaired or replaced will be guaranteed only for the unexpired or remaining portion of the warranty period of the original Goods that were repaired or replaced.
1. Mr Whiteware reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
2. Mr Whiteware reserves the right to terminate this Agreement and collect the goods if the Customer undergoes a change of control (as defined by the Income and Corporation Taxes Act 1988) or cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertakings of the Customer.
3. Mr Whiteware reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Mr Whiteware reasonable control such as force majeure, act of God, adverse weather and government intervention, sanctions
8 Limitation of Liability
1. The Customer agrees that Mr Whiteware will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises,
2. Mr Whiteware will not be held liable for Consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer.
3. Mr Whiteware will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits.
4. Nothing in this Agreement shall exclude Mr Whiteware statutory liability for injury or death.
5. Goods sold are not insured for delivery unless confirmed as insured by Mr Whiteware on acceptance of the Order.
6. The Customer warrants that by signing this Agreement, he/she has authority to place the Order.
7. Mr Whiteware reserves the right to require the Customer to provide a director’s personal guarantee or similar, which shall be completed before Goods can be delivered.
9 Intellectual Property Rights and Confidentiality
1. Goods sold or supplied by Mr Whiteware may be subject to copyright or license whether owned by Mr Whiteware or a third party
2. The Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval.
3. The Customer agrees to indemnify and hold Mr Whiteware harmless for any breach of said covenant or infringement of third party intellectual property rights.
1. No delay or failure on the part of Mr Whiteware in enforcing any provision of this Agreement shall be deemed to operate as a waiver of any rights held by Mr Whiteware under this Agreement nor shall any single or partial exercise of any rights or remedies by Mr Whiteware preclude any other or further exercise of a right or remedy.
2. Any right, obligation or provision contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable by a court of law then the remainder shall continue in force and effect to the fullest extent permissible by law.
3. Unless expressly agreed in writing, nothing in this Agreement shall confer any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 (as amended).
4. Mr Whiteware reserves the right to sub-contract or assign all or part of the performance and obligations of this Agreement.
5. Mr Whiteware use reasonable endeavours to notify the Customer where such sub-contract or assignation takes place.
6. This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.