PRACTICOOL UK LTD
TERMS & CONDITIONS OF SALE
1. GENERAL
- The 'goods' or 'equipment' shall mean any appliance or machinery supplied by us.
- All orders accepted by us are subject to these terms and conditions which override any other terms of sale unless stated otherwise in writing by us.
- You may not assign your contractual rights to a third party without our consent.
- The terms and conditions of sale shall in all respects be governed and construed in accordance with English Law
2. WARRANTY
- Provided you have complied with our contractual terms of payment then all goods are guaranteed by us against faulty material and workmanship for the same period as and to the same extent as they are guaranteed by the manufacturers.
- No liability can be accepted in respect of goods that have been misused or are the result of wilful or accidental damage.
- Warranties on equipment will only be our responsibility if a qualified engineer installs such equipment.
- Certain goods (e.g. refrigeration and warewashing) require regular maintenance/servicing even under warranty, in accordance with manufacturers recommendations. Defects arising from a failure to regularly service and maintain the goods by a manufacturer/supplier approved third party are excluded from our warranty. Any labour and parts to rectify such defects will be charged at the normal rate. Unless you enter into a service agreement with an approved third party, no service will be provided.
3. INSTALLATION
- We will not accept responsibility for the incorrect installation or adjustment of equipment by others.
- You are responsible for ensuring that the gas/electricity/water/waste service supply terminated with a suitable isolation or cock exists within one metre of the position of each of the goods requiring such service, and our quotation/price does not include for providing such a supply.
- You will provide a clear site for the installation.
- Installation is to be carried out during normal working hours.
- We shall not be responsible for dismantling and/or making good of any building work or paintwork which becomes necessary as a result of our installation.
- We shall not be responsible for the removal of existing goods, connecting to your existing goods, scaffolding, electrical, earth bonding or the obtaining of building regulation approval, bye law, or landlords’ permission relating to the installation.
- There will be an additional charge for any necessary dismantling and rebuilding of equipment to gain access to the installation area.
4. DELIVERY
- Items ordered via our website will normally be delivered within 1-5 working days. If your item is not in stock, we will back order it for you however you will have the option to cancel your order if you would rather not wait.
- Delivery dates for items not ordered via our website such as counters are given as accurately as possible but are not guaranteed, and are subject to an extension to cover delay caused by shortage of stock, strikes, lockout, fire, breakdowns, force majeure or any other event beyond our control.
- Failure by us to deliver the goods by such an estimated date or part deliveries, shall not entitle you to repudiate the contract or claim compensation for such failure.
- Where a period is agreed for delivery and such period is not extended by agreement between the parties, you shall take delivery within that period. Failure to do so shall render you liable for any costs incurred by the Company as a result of such failure.
- The goods shall be delivered to you at the address requested, and we shall not be obliged to deliver elsewhere unless we have otherwise stated in writing.
- Once delivered, goods are not covered by our Insurance and become your responsibility.
- Unless otherwise stated on quotations or acknowledgements, all deliveries are to a ground floor clear area, and assistance with off loading will be required. Placing in position/installation if required will be liable to an additional charge (quotation on request).
5. CLAIMS
- You should inspect the goods immediately upon delivery. Claims arising from damage or partial loss of goods in transit must be made in writing to us and the carrier so as to reach us within 2 days of delivery and claims for non-delivery within 10 days of the latest quoted by us for delivery.
6. LIABILITY
- We shall not be liable for indirect loss or third party claims occasioned by delaying, completing or delivering goods or any loss to you arising from delay in transit, or breakdown of equipment. Where goods or equipment are defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect or replacing parts.
7. RISK
- The risk in the goods shall pass from us to you upon delivery of the goods by us to you or your agent.
8. PRICE
a) Unless it is a term of the contract that the price (exclusive of VAT, packing and carriage) quoted shall remain fixed, the price shall be that ruling at the date of delivery of the goods.
b) All prices quoted are exclusive of VAT. which will be charged at the rate in force on the date of delivery.
9. PAYMENT
- Items ordered via our website are paid securely on-line at the time of ordering, otherwise payment is due in accordance with the credit terms agreed when the account was opened, or as stated on a quotation.
- Where no other payment terms are agreed, payment is to be made in full in cash, cleared cheque or bankers draft on notification that the goods are ready for despatch, or on collection.
- We reserve the right to charge interest at a rate of 2% per month on overdue accounts.
- If an account is overdue then further supplies may be withheld until payment has been received.
- An agreement to supply you with goods on credit may be terminated if accounts are not paid on time.
10. OWNERSHIP
- For accounts where credit terms have been agreed - although you may take possession of the goods, the ownership therein shall remain with us until you have paid for them in full.
- Any insurance monies paid to you in respect of your risk with regard to damage or destruction of goods or in the event of you selling the goods the entire proceeds shall be held in trust for us to the extent that payment has not been made in full, and shall not be mingled with other monies or paid into any overdrawn bank account and shall be at all times be identifiable as our monies.
- If payment is overdue in whole or part, either we or a third party authorised by us shall be entitled (without prejudice to any of our other rights) to recover or recall the goods and may enter any premises where the goods are situated for that purpose, such rights to include severance where necessary from reality.
- In case of non-payment, we shall be entitled to repossess or trace the goods or the proceeds of sale from you or your liquidator or receiver or from any purchaser or other person claiming to draw title from you.
11. SUB CONTRACTING
- We shall at our discretion be entitled to subcontract or assign all or any of our obligations hereunder.
12. DRAWINGS/ DESCRIPTIONS
- Unless expressly stated drawings submitted with an estimate or quotation shall not be binding as to detail.
- We reserve the right to modify or vary the design and specification without notice, to take account of site conditions.
- Where plans or dimensions are agreed with us from which measurements are taken in order for us to purchase or supply goods, then we shall not be liable for any mis-statement as to area or dimension subsequently found to be incorrect and any costs or losses arising from such mis-statement or alterations to the premises shall be your responsibility.
- Prices quoted for equipment are for the delivery of goods to site only. Labour and materials for installation of equipment and/or existing equipment will be quoted or estimated for separately.
- All drawings/designs remain our property and must not be used in whole or part without our written consent. We reserve the right to make a charge for drawings/designs, or any cancelled/not accepted schemes.
- Although every effort is made to ensure that descriptions and illustrations in catalogues and leaflets are correct, they do not constitute a sale by description.
- All drawings are copyright and must not be copied or passed to third parties without our prior consent.
13. COMPLETION
- Signature on our or our suppliers delivery notes (where our supplier has delivered directly to you), completion certificates (for installations), will constitute full satisfaction with the work carried out, materials and/or parts, and goods supplied.
- Practicool will not accept responsibility for any defects reported more than 30 days after the date of installation. Additional work requested after this period may incur a charge. This does not affect defects covered by manufacturers’ warranty.
14. CANCELLATION
- Cancellation of an official written or verbal order may incur a charge of up to 25% of the order value, or at a rate applicable to the manufacturers’ conditions, where special items of manufacturer are involved.
- We cannot accept cancellation of orders for equipment made to customers’ specifications once manufacture has commenced.
15. ACCEPTANCE
- Receipt of our confirmation of sale, written quotation/estimate or the placing of an order (written or verbal) by you, constitutes acceptance of the above terms and conditions of sale.
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