1. All goods sold by Penge Catering Supplies Limited (hereafter called 'the Company') are sold subject to these conditions.
2. Quotations and prices
All quotations of prices (whether written or oral) are subject to withdrawal or amendment by the Company at any time prior to receipt by the Company or any acceptance and thereafter are subject to correction of errors at any time.
If the Company has not received an acceptance within 30 days of the date of quotation, the quotation shall be deemed to have lapsed.
The prices quoted by the Company's Representatives are subject to stock availability, and whilst every endeavour will be made to supply at quoted prices, the Company reserves the right to revise prices without prior notice. In particular, should any increase occur in the cost of labour, materials, transport and all or any other direct costs between the date of quotation and despatch of goods the Company reserves the right to adjust the contract price accordingly.
All descriptions, dimensions, particulars, weights and specifications submitted by the Company are deemed to be approximate only, as are details given in any Company catalogue, price list and advertising, and do not form part of the contract.
The Company reserves the right to modify or vary the design, specification or finish of any of our products without notice.
(a)Payment for goods shall be made by cash with order unless credit terms have been arranged, in which event, payment for goods supplied under the contract shall be on the last working day of the month following the month of invoice unless stated on the face of the invoice.
(b)If payment of the price or any part thereof is not made by the due date, the Company shall be entitled without prior notice and without affecting other rights hereunder:
(i)charge interest at 3.5% per annum above the base lending rate from time to time of the National Westminster Bank Plc on the amount outstanding from the date when payment becomes due until the date of payment.
(ii) To cancel or suspend delivery of any goods ordered by the Customer which has not been delivered without incurring any liability to the Customer.
(iii) To recover from the Buyer on a full indemnity basis together with interest thereon all costs incurred by it in obtaining payment including solicitor's fees and costs associated with so doing.
(c) The Customer shall have no right of set-off in respect of any claim it may make against the Company.
(d) The time for performance of the Customer's obligations (whether as to payment or otherwise) shall be of the essence so that failure to perform shall entitle the Company at its option to treat the contract as repudiated by the Customer and in the event that invoices remain outstanding following the agreed credit terms then all invoices then in existence, whether or not due for payment, will immediately become due and payable.
(e) The Company shall have a right of set-off against any sums due by the Company or any of its associated companies to the Customer.
The Company will endeavour to deliver the goods without delay and to comply with reasonable delivery instructions, but any specified time of delivery shall not be of the essence of the contract and the Company shall not be liable for late delivery howsoever caused or shall such failure to deliver be deemed to be a breach of contract.
(a) Any costs incurred due to inadequate site access shall be charged to the buyer
(b) If the Buyer fails to take delivery of the goods the Company shall be entitled to invoice and be paid for the goods as though they had been duly delivered. The Company may arrange storage of the goods until actual delivery and charge the Buyer for the reasonable costs of storage.
(c) It is the Buyer's responsibility to inspect the goods at the time of delivery. The Company accepts no responsibility for alleged non-delivery, shortfall of goods, damage on delivery or other discrepancy unless notification in writing is received within 24 hours from the date of delivery. In the absence of such notification the Buyer shall be deemed to have accepted the goods.
5. Title of Goods
(a) Notwithstanding delivery and the passing of risk the property in all the goods delivered by the Company to the Customer shall remain vested in the Company until unconditional payment in full is received and cleared through the Company's bank account not only for the goods but also for goods and/or services comprised in any other contracts between the Company and the Customer which have been delivered and/or performed but remain unpaid.
(b) Unit payment due from the Customer under all the contracts between the Customer and the Company has been so received in full:
(i) the Customer shall hold upon trust for the Company the goods:
(ii) the Customer shall at all times keep the goods comprehensively insured against normal perils and damage:
(iii) the Customer shall subrogate to the Company any rights it may or will have in respect of insurance monies recoverable for the goods;
(iv) the Customer shall hold the goods as bailee in a fiduciary capacity for the Company and it shall be the responsibility of the Customer to keep the goods in good condition at its own expense.
(v) the goods shall be held separately from any other assets and be identified as the property of the Company and;
(vi) the Customer shall permit any officer, employee, representative or agent of the Company to enter with or without vehicles onto the Customer's premises or other site where the goods are located and to repossess the goods.
6. Cancellation by the Company
If the Customer shall fail to make any payment when due or enters into any arrangement with its creditors, or if being an incorporated Company, shall have a receiver appointed or shall pass a resolution for winding up or a court shall make an order to that effect, or if being an unincorporated Company, shall have a receiving order made against it, or if there shall be any breach by the Customer of any of the terms and conditions herein (or, in the case of Special Print Orders, of any of the Special Print Orders Terms and Conditions) the Company may defer or cancel any further deliveries and treat the contract as determined without prejudice to its right to the unpaid purchase price of the goods delivered and to damages for any loss suffered in consequence thereof and to any interest outstanding. The Company reserves the right to cancel or reduce any order in event of being unable, for any reason, to execute either the whole or part thereof.
Quoted prices for the goods ordered which are to be delivered to any part of Zone 1 (as per our map) where the order exceeds £65 include carriage costs. In respect of orders with a value of less than £65 a handing charge will be levied. In respect of all orders outside of Zone1, the customer will be charged for carriage in addition to quoted price.
Claims arising form damage or partial loss in transit must reach the Company within 24 hours from the date of delivery. Claims for non-delivery must reach the Company within 24 hours from the date of despatch. All other claims must reach the Company within 24 hours from delivery. Damaged goods must be retained for inspection/collection.
9.1 The Buyer shall be responsible to the Company for ensuring the accuracy of any order. 9.2 No order which has been accepted by the Company may be cancelled except on terms that the Buyer shall indermity the Company against all loss (including loss of profit), costs (including the cost of all material and labour used) damages, charges and expenses incurred by the Company as a result of cancellation.
10.1 Goods dispatched to the Buyer subsequently accepted for cancellation by the Company will be subject to an abortive delivery charge, as well as any cancellation charge deemed necessary by the Company.
10.2 The Company at its absolute discretion may agree to the return of goods by the Buyer provided that the goods are returned at the Buyer's expense, in the same condition and in the original packaging as of the date of despatch by the Company or their agents.
10.3 Any goods agreed by the Customer as acceptable for return for any reason (excluding faulty goods) will be subject to restocking charge of 25% of the net invoiced price together with the reimbursement of any expense incurred by the Company as a consequence of the return of said goods to the Company's stock.
11.1 All goods unless otherwise stated (on invoice) are parts warranty only. Goods supplied are guaranteed in accordance with the terms of the manufacturers warranty provided with the goods or one year if not stated with the goods. The warranty applies to UK mainland only, and does not apply to wear and tear, or if a product has been damaged or misused.
11.2 in respect of goods which are proved to the reasonable satisfaction of the Company to be damaged or defective due to defects in material or workmanship, the Company will, free of charge, within a period of 12 months from the date of resale of such goods by the Buyer, either (at the Company's option):
11.2.1 repair such goods or.
11.2.2 replace such goods on return or.
11.2.3 refund the purchase price of the goods on return.
11.3 The obligation in condition 11.2 above will not apply where:
11.3.1 the goods have been improperly altered in any way whatsoever, or have been subject to misuse or unauthorised repair:
11.3.2 the goods have been improperly installed or connected;
11.3.3 any maintenance requirements relating to the goods have not been complied with.
11.3.4 Any goods which have been replaced will belong to the Company. Any repaired or replacement goods will be able to repair, replacement or refund under the terms specified in condition 11.2 for the unexpired portion of the 12 month period (as the case may be) from the original date of resale of the repaired or replaced goods.