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TERMS AND CONDITIONS

TERMS AND CONDITIONS
1. DEFINITIONS
1.1 Buyer means the person who buys or agrees to buy from the Seller.
1.2 Conditions means the Terms and Conditions of the sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 Goods means the articles which the Buyer agrees to buy from the Seller.
1.4 Price means the price for the Goods excluding carriage, pricing, insurance and VAT.
1.5 Seller means Acorn Catering Equipment
2. THE PRICE AND PAYMENT
2.1 The price shall be the Sellerís quoted price on the sales invoice. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Sellerís invoice.
2.2 Payment terms for ACCOUNT HOLDERS 30 days net. For NON ACCOUNT HOLDERS, all orders are payable at the time of placing the order. We accept payment by Credit or Debit card, we make no charge for accepting credit or debit cards. We also accept cheques posted to our address, clearance can take up to 10 days.
2.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above the base rate after as well as before any judgement.
2.4 The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of off-set counterclaim which the Buyer may have or allege to have any reason whatever.
3. THE GOODS
3.1 The quantity and description of the Goods shall be as set out in the Sellerís sales invoice.
3.2 The weights, dimensions, capacities, prices and other data included in the Sellerís catalogues, prospectuses, circulars, advertisements, printed matter and price lists are an approximate guide only. This data shall not be binding except to the extent that it is by reference expressly included in the contract.
4. LIMITATIONS OF LIABILITY
4.1 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.
4.2 The Seller reserves the right to charge for delivery of the Goods if they are to be delivered outside the Sellerís normal delivery area or if the Goods are of an unusual quantity or size.
5. GUARANTEE
5.1 The Buyer shall immediately notify the Seller in writing of any faulty Goods and shall give the Seller every opportunity of inspecting and remedying the faults if possible.
5.2 In no circumstances will the Buyer have any right to compensation as a result of this Clause nor any rights to reject and return the Goods.
6. DELIVERY OF GOODS
6.1 Delivery of the Goods shall be made to the Buyerís address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 The Seller reserves the right to charge for delivery of the Goods if they are to be delivered outside the Sellerís normal delivery area or if the Goods are of an unusual quantity or size.
6.3 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
6.4 All costs and charge incurred by the Seller will be paid by the Buyer in the event of a failure to accept Delivery.
6.5 In normal circumstances Acorn Catering Equipment deliver and off-load all equipment to ground floor only. It is with this in mind that we require a clear and level site with adequate access. It would be the responsibility of the individual client to remove such things as doors or frames, windows or frames, or any additional obstruction
6.6 If we are unable to deliver your goods within 7 days, you will be notified of the earliest possible delivery date by e-mail and given the opportunity to order alternative goods or cancel your order without charge.
6.7 Equipment delivery to UK (mainland only). Orders under £125.00 are subject to a £7.95 carriage charge.
7. CANCELLATION OF ORDER
7.1 Cancellation before delivery will only be accepted on terms agreed between the Buyer and the Seller. In the event of any purported cancellation the Buyer will be responsible for the full financial loss incurred by The Seller.
7.2 The Buyer shall accept the Goods by a signed and legibly written name on the Sellerís delivery note. In any event the Goods shall be deemed to have been accepted both in quality and quantity by the Buyer 24 hours after delivery to the Buyer.
7.3 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
7.4 Any goods which are cancelled after orders have been placed with Acorn Catering Equipment will be subject to a 20% re stocking charge.
8. INSTALLATIONS
8.1 Where our quotation includes for installation, we undertake connection of all gas (Natural or LP), water (hot or cold), and drainage to services within one metre of each appliance, finished with appropriate valves or stop cocks, and assuming a clear and level site with adequate access. All will be in iron, copper and plastic finish, unless otherwise requested at time of order. All final electrical connections to plug-in or pre-wired appliances will be undertaken by Acorn Catering Equipment. Connection to and supply of isolator switches should be by the Electrical Contractor on site. Our installation price includes for the testing and demonstration of all items of equipment supplied. Acorn Catering Equipment do not accept responsibility for the final cleaning of equipment once installed.
9. EARTH BONDING
9.1 We have not included for any earth leakage bonding, this is to be carried out by the site electrician.
10. ADDITIONAL WORK
10.1 Prices for installation are worked out on a normal day work rate and for parts as described above. If any additional work is required, or an extension of the installation period is forced, through no fault of Acorn Catering Equipment, additional costs would be levied based on day work sheet/orders received by our engineers.
11. EXTRACTION CANOPIES
11.1 Prices for Extract Canopies do not include for the provision of scaffolding (if required), builders work, joiners work or any electrical wiring.
11.2 All Extraction Systems need to replenish the removed air by a secondary source. In some cases, this may result in a make-up air system, which should be taken into account. This may result in additional costs as prices are calculated on ďsite unseenĒ basis. Gas safety interlocking system must be installed on new installations.
12. WARRANTY
12.1 All equipment supplied by Acorn Catering Equipment will be guaranteed for a minimum period of 12 months, to include all parts and labour. Equipment must be regularly maintained to manufacturers recommendations to qualify for warranty. Any faults found to be caused through misuse or abuse of equipment, or lack of necessary maintenance will be charged at the normal rate. This warranty applies unless otherwise special circumstances are stated.
12.2 Important Note: All Warranty/Guarantee work will be carried out during normal working hours.
12.3 Claims for damaged goods on delivery must be notified within 24 hours by telephone and followed up in writing by email within 48 hours stating the damages and defects of the items received from the carrier.
12.4 Acorn Catering Equipment shall be under no liability in respect of any defect in goods arising from any drawing, design or specification supplied by the customer to Acorn Catering Equipment
12.4 Acorn Catering Equipment shall be under no liability if the defect or failure, within reason from Acorn Catering Equipment, arises from wilful damage or misuse, negligence by the customer or third party, failure to follow the manufacturers instructions, or alterations or repair to goods without prior consent from Acorn.
12.5 Except in the case of death or personal injury caused by Acorn Catering Equipment negligence, Acorn Catering Equipment will not be liable for any loss or damage (loss of profit or otherwise) or any other claims for compensation.
13. TITLE AND RISK
13.1 The goods shall be at the risk of the customer as from the time when they are ready for delivery.
13.2 The property in the goods shall not pass to the customer but shall remain vested in us until all the sums owing from the customer to us on whatsoever grounds shall have been paid, and until such time the customer shall hold the goods on trust for us. Such sums shall not be treated as paid until all cheques, bills, and other instruments of payment given to us by the customer have been met or honoured in accordance with their terms.
13.3 The customer shall if so required store, mark or designate all goods referred to in sub clause.
13.4 Hereof so as clearly to show that they are our property.
13.5 If the customer shall default in the punctual payment of any sum due to us we shall be entitled forthwith to repossess any goods which remain our property and the customer shall for that purpose afford us access to and we shall be entitled to enter any premises in the occupation of the customer or to which he has access and where the goods may then be situate.
13.6 The customer shall not pledge or allow any lien or charge to arise over the goods or the documents of title thereto and shall not deal with them otherwise than in the ordinary course of the customerís business.
13.7 In the event of any sale or disposition of the goods by the customer the customer shall hold on trust for us.
13.8 If the goods have not been mixed with or incorporated in or attached to other goods or land or buildings, the whole of the proceeds of the sale or disposition.
13.9 If the goods have been mixed with or incorporated in other goods or have become attached to land or buildings, so much of the proceeds of sale as is equal to the price of the goods under this agreement.
14. OPERATIONAL AMBIENTS
14.1 All Refrigeration Equipment would be suitable for operation in a maximum ambient temperature of 27įC with free air not exceeding this, being available for the air cooled condenser of the Refrigeration Condensing Unit.
15. KITCHEN DESIGN
15.1 Kitchen designs submitted by Acorn Catering Equipment are advisory only based on our interpretation of your requirements. Once a layout has been accepted and signed off, the client will accept full design responsibility.
15.2 Kitchen design service is offered free of charge where Acorn Catering Equipment are invited to issue a formal tender for the supply/installation of the kitchen equipment. Where this is not the case Acorn Catering Equipment reserve the right to administer a design fee for works carried out.