GLOBAL FOODSERVICE EQUIPMENT LIMITED
CONDITIONS OF SALE
All dealings including all quotations and any other order placed following such quotation are subject to the following
conditions of sale in which GLOBAL FOODSERVICE EQUIPMENT LIMITED is referred to as ‘The Company’
1 Validity of quotation
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.
Prices quoted by The Company are firm for 30 days only or until previously withdrawn. Unless otherwise stated, all prices are exclusive of any applicable value added tax,
for which the customer shall be additionally liable to The Company. The Company shall be entitled to increase such prices by any increase in costs between the date of
order and delivery.
Approved credit account customers shall pay the price in full strictly within 30 days of the date of invoice otherwise payment is due with order. If payment is not made on
or before the due date, the customer shall pay The Company interest at the rate of 4% per annum above the base lending rate of National Westminster Bank plc from the
due date for payment until the date of actual payment.
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 Company if delivery periods or dates are not met for any reason whatsoever.
The Company warrants that all goods supplied by it will correspond to their specification and will be free from defects in materials or workmanship for a period of 12
months from the date of delivery. The Company’s obligation in the event of a breach of this warranty is limited to the repair or replacement of any defective goods,
which shall be returned to The Company by the customer. This warranty is given in lieu of all other warranties or conditions expressed or implied (whether by statue or
otherwise) and is subject to the following conditions:
5.1 Claims must be notified in writing to The Company within seven days from the date of delivery.
5.2 The Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
5.3 The Company shall be under no liability if the defect or failure, in the reasonable opinion of The Company, arises from wilful damage or misuse, negligence by the
customer or any third party, failure to follow The Company’s instructions, or alteration or repair of the goods without The Company’s prior approval.
5.4 The Company shall be under no liability if the price for the goods has not been paid by the due date for payment.
5.5 The above warranty does not extend to parts, materials or equipment not manufactured by The Company, in respect of which the customer shall be entitled only to
benefit of any such warranty or guarantee as is given by the manufacturer to The Company.
5.6 Except in the case of death or personal injury caused by The Company’s negligence, The Company shall not be liable for any consequential loss or damage (whether for
loss of profit or otherwise) or other claims for consequential compensation.
Packaging, carriage and insurance charges in respect of delivery of the goods to the customer will be charged to the customer at cost to The Company.
Goods in accordance with the contract cannot be returned without the company’s prior authorisation. Duly authorised goods shall be sent to the company’s premises and
a restocking charge will be incurred.
7 Damage in transit
The Company does not accept any liability for loss or damage to the goods while in transit to the customer.
The risk in the goods shall pass to the customer on delivery to the customer or (if earlier) when possession of the goods is taken by a carrier for delivery to the customer.
9 Force majeure
The Company shall not be liable to the customer, or deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure
to perform, any of The Company’s obligations in relation to the goods. If the delay or failure was due to force majeure or to any other cause beyond The Company’s
10 Reservation of title
10.1 The goods sold under these Conditions shall remain the absolute property of The Company and legal title in the goods shall remain vested in The Company until payment
in full of all amounts invoiced or due to The Company in respect of the Goods, or until the goods are resold by the customer, whichever shall first occur. If the customer
shall enter into liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any
part thereof before the property in the Goods has passed in accordance with this condition, The Company shall be entitled, immediately after giving notice of its intention
to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any Goods to which it has title under this
condition. No liquidator, receiver, administrator or administrative receiver of the Customer shall have authority to sell goods to which The Company has title without the
prior written consent of The Company
10.2 Until such time as the property in and legal title to the Goods passes to the Customer, the Customer shall hold the Goods as The Company’s fiduciary agent and bailee and
shall keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as The Company’s property. Until that
time, the customer shall be entitled to resell or use the Goods in ordinary course of its business, but shall account to The Company for the proceeds of sales of the Goods,
including insurance proceeds, and shall keep all such proceeds separate from any moneys of the customer and of third parties.
10.3 The Customer shall not be entitled to pledge or charge, by way of security for any indebtedness, any of the goods which remain the property of The Company but, if the
Customer does so, all moneys owing by the Customer to The Company shall (without prejudice to any other right or remedy of the reseller) forthwith become due and
10.4 The Company shall be entitled to maintain an action for the price of the goods notwithstanding that title in them has not passed to the customer.
11 Insolvency of customer
If the customer, being a body corporate, shall pass a resolution or suffer an order of the Court to be made for winding-up, or if a receiver, administrator or administrative
receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their
creditors, or have a bankruptcy order made against him or them, then The Company shall have the right, without prejudice to any other contract with the customer,
not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already
purchased for the customer, such charge to be an immediate debt due from the customer.
12 Patent rights
The acceptance of a quotation includes the recognition by the customer of the right of The Company under any patent rights, trademarks, registered designs or other
intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be
obliterated, altered or defaced.
13 Divisibility Clause
This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be Invoiced separately; any invoice for a delivery shall
be payable in full in accordance with the terms of payment provided for herein, without reference to and not withstanding any defect of default in delivery of any other
14 Applicable law
These conditions shall be governed by and construed in accordance with English Law and the parties acknowledge the exclusive jurisdiction of the English Courts.