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Terms & Conditions of Sale

1. Definitions and General 

1.1 The Company - Arolite Ltd t/a www.theceouk.co.uk, The CEO UK and the catering equipment outlet UK, from: The Linden Building, Regent Park, Booth Drive, Wellingborough NN8 6GR.

1.2 The Buyer - the person, firm or company contracting with the Company and any delivery address specified by The Buyer relating to an order.

1.3 The Contract - any contract between the Company and the buyer for the sale and purchase of goods.

1.4 "Website" is the Internet web page or Internet web pages published by Axis Equipment Ltd or any other party on its behalf in the course of its business practices.

1.5 Waiver – Arolite Ltd's failure to exercise any particular right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Arolite Ltd in writing.

1.6 Assignment - the Customer in entering into these Terms & Conditions undertake that the Customer will not assign, re-sell, sub-lease or in any other way transfer the Customer's rights or obligations under these Terms & Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Arolite Ltd forthwith. Arolite Ltd assigns these Terms & Conditions in whole or in part to any third party at its discretion.

1.7 Rights of Third Parties - A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of these Terms & Conditions.

1.8 All orders are accepted subject to these conditions of sale, which shall apply to the exclusion of any terms or conditions put forward by or on behalf of The Buyer.

1.9 No variation, waiver or addition to these conditions, whether written or oral, shall have effect unless agreed in writing by The Company.

 

2. DESCRIPTION

2.1 Although every effort is made to ensure that the illustrations, price, description measurement and specification of goods in our catalogue, brochures and website are correct, such information is published for the sole purpose of giving an approximate idea of the goods represented. Due to a policy of continuous improvement, products supplied may differ slightly from the images and descriptions in the catalogue, brochure or website.

2.2 If any products ordered become no longer available from the manufacturer, the Company reserves the right to supply an alternative product at the same price as the one originally ordered.

 

3. ORDERS

3.1 The Buyer shall be responsible to The Company for ensuring the accuracy of any order.

3.2 Goods are not sold on a trial basis. The Buyer should check specifications and suitability before ordering. By placing an order with The Company, The Buyer expressly confirms that he/she has checked the specifications and suitability for the product(s) on order. The Company does not warrant the suitability of goods for specific applications nor for any items that do not fit into The Buyers premises including sizes of doorways and entry points.

3.3 No order which has been accepted by The Company may be cancelled except on terms that The Buyer shall indemnify the company against loss (including loss of profit).

 

4. PRICE OF GOODS

4.1 The price of the goods is exclusive of Value Added Tax (VAT), which will be charged at the applicable rate as at the date of invoice.

4.2 The price quoted may be subject to delivery charges unless stated that it is inclusive.

 4.3 Prices quoted are for supply only unless stated that the order is inclusive of installation.

 

5. TERMS OF PAYMENT

5.1 Unless otherwise agreed, payment is required prior to delivery of the goods. Where The Company agrees to issue an invoice, the Buyer must pay the invoice within 30 days of the invoice date. For so long as any amount to be paid for goods remains owing to The Company, title of goods will remain with The Company and will not pass to The Buyer until The Company has received full payment including any interest due. The company reserves the right to claim settlement of any outstanding amounts due before this date if there is any change in financial circumstances of The Buyer.

5.2 All goods shall remain the property of The Company until full payment has been received.

5.3 In the event of any payment due being withheld or delayed The Company reserve the right to:

5.3.1 To suspend any further deliveries to The Buyer

5.3.2 Charge interest at 4% above the base rate of Lloyds TSB Plc on any amount not received by the due date until such amount is received, both before and after judgement, if applicable, until payment of cleared fund has been received.

5.3.3 To recover from The Buyer on a full indemnity basis together with interest thereon all costs incurred by obtaining payment, including solicitor's fees and costs associated with doing so.

 

6. DELIVERY

6.1 The Company will use reasonable endeavours to deliver the goods within the time agreed when The Buyer places an order. However any such delivery is not guaranteed, even if The Buyer pays a surcharge for a timed / guaranteed service. The Buyer expressly confirms that The Company shall bear no responsibility for late deliveries or for any costs incurred by The Buyer as a result of late delivery / non delivery of any item(s).

6.2 Any costs incurred due to inadequate site access shall be charged to The Buyer

6.3 Wherever possible The Company will deliver from stock held in its warehouse. For items not in stock, delivery will normally be made direct from supplier. It is the responsibility of The Buyer to ensure adequate provision and resources are made for getting the item(s) into their premises and that all relevant apertures are of an appropriate size to accept the goods. Delivery times given are only estimates and The Company accepts or assumes no liability for delays in delivery, however caused.

6.4 It is The Buyers responsibility to ensure all opening apertures are of a suitable size to accept the goods ordered. The Company accepts no responsibility for the failure or negligence on behalf of the buyer to check that all goods will fit into their premises. The Buyer expressly confirms that they have checked all the relevant access, openings and dimensions and that he/she accepts full responsibility in the event that the product does not fit into / through any of these dimensions. In the event of items not being able to fit into / through available spaces, the Company may, at their discretion, offer The Buyer the option of returning the goods if the goods are undamaged and in their original condition, subject to a 25% restocking charge of the original sales price of the item(s) concerned. All costs for returning the goods will be the responsibility of The Buyer. The Buyer is also responsible for adequately insuring the goods during transit to the Company. The Company accepts no liability whatsoever for damage / loss of any goods in transit whilst being returned to them. This liability is solely with The Buyer.

6.5 It is The Buyer's responsibility to check the goods at time of delivery. The Company accepts no responsibility of alleged non-delivery, shortfall of goods, damage on delivery or other discrepancy unless notification in writing is received within 24hours from the date and time of delivery. In absence of such notification, The Buyer shall be deemed to have accepted the goods.

6.6 The Buyer must thoroughly check all goods received before signing the delivery note.  If the delivery note is signed and damage is subsequently found at a later date, the Company accepts no responsibility for this.  The onus is on The Buyer to check the goods thoroughly upon delivery. If the goods cannot be checked upon receipt, The Buyer can refuse the delivery. If the delivery is refused, it is possible to re-arrange delivery subject to additional costs which must be borne by The Buyer. If The Buyer cannot check the goods at the time of delivery, he/she must sign the delivery note ’damaged’, otherwise no claim for damage will be entertained after unpacking of the goods. This condition does not exclude point 6.4 whereby all claims for damage must be reported to The Company within 24 hours from the date and time of delivery.

 

7. RETURNS

7.1 Goods despatched to The Buyer and 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.

7.2 Any goods agreed by The Company as accepted for return for any reason other than faulty will be subject to a restocking charge of 25% of the net invoiced price.

7.3 Goods which have been incorrectly ordered will only be accepted for return with prior approval from The Company. Goods may not be returned without prior authorization. Prior to return, a Goods Return Authorisation Number (GRA Number) must be obtained from The Company (contact customer service team on 0844 871 7282). Such goods will only be accepted if they are correctly packed in the original packaging, with original manuals and have not been used. A restocking charge of 25% will be levied on all such goods. Customers are responsible for ensuring goods are returned in suitable packaging and for obtaining the necessary proof of delivery and receipt.

 

8. WARRANTY

8.1 Unless otherwise stated, all goods come with a 12 months parts warranty. Certain items are subject to back to base warranty / workshop warranty and this is indicated on the product text. Customers must use warranty arrangements specifically provided. Warranty periods commence from the date of supply.

8.1.1 Exceptions to this are:

(i) Fabrication/ Cosmetic items not identified as damaged at the time of supply/ installation in accordance with points 6.1to 6.6  

(ii) Shelves/Baskets 

(iii) Light bulbs/Tubes 

(iv) Consumable items and breakables 

(v) Door Locks and Door Seals 

8.2 Where back to base warranty is applicable, it is The Buyer has responsibility to return the item to The Company and to ensure the item is adequately packaged / protected if using 3rd party transport. The Company accepts no responsibility whatsoever for damage to items during transit to or from its premises.

8.3 Warranty does not cover goods that have been:

(i) Misused

(ii) Used for a purpose which the manufacturer has not intended it to be used for

(iii) Where maintenance requirements have not been adhered to

(iv) Subject to less than adequate cleaning and ventilation, where this will inhibit the performance of the machine.

(v) Installed by anyone other than a certified trade professional relative to the item in question.

(vi) Installed by anyone other than The Company's approved installers, if installation is included.

(vii) Installed without a suitable water softener (all glass and dishwashers, coffee machines and Combi Ovens).

(viii) Installed without a suitable water filter (all ice machines).

 

8.4 Other manufactures warranty exclusions may apply.

8.5 All claims for warranty will be actioned by The Company, but where the fault is through operator error, misuse, lack of cleaning, non compliance with manufacturers’ instructions, non professional installation, tampering with goods by an unauthorised person or any other issue not resulting from failure on behalf of any manufacturers part, then the charge for the call out and any subsequent repair will be borne by The Buyer.

8.6 Warranty does not apply to a small number of machines which are suitable for domestic use only and must be returned to the manufacturer in the event of a breakdown. Machines returned for repair in warranty where it is found that the item has been abused or not used for what it was designed for, will be charged. This also applies where a machine has not been properly maintained, including cleaning and descaling, where applicable. Machines returned for repair are not reassembled if upon quotation you do not require the machine to be repaired. Loan machines are not available.

8.7 All claims are to be submitted with complete service engineer’s documentation. 

 

9. LIABILITY

The Company accepts no liability of whatever nature arising from a result of any representations, breach of contracts, late delivery of product, negligence or otherwise, including but not limited to any liability for indirect or consequential loss, or loss of profits, revenue, business or goodwill except for liability of death or personal injury caused by The Company's negligence. All conditions, warranties, guarantees and representations, express or implied, by statute, common law or otherwise in relation to the goods (other than the liability which The Company is not permitted by law to exclude or restrict) are hereby excluded.

 

10. OUR LIABILITY

In so far as it is possible by applicable law, The Company expressly excludes liability for any claims, loss, demands or damages of any kind whatsoever, with respect to use of The Company's website or any other brochure, catalogue or literature produced by The Company or any misleading information or omissions it may contain, including without limitation, direct, indirect, incidental or consequential loss or damages, whether arising from loss of revenue, loss of data, loss of profits or otherwise. If you are a consumer your Statutory Rights, if any, are not affected. Nothing in this clause is intended to exclude liability for death or personal injury arising from the negligence of The Company or its employees or agents.

 

11. FORCE MAJEURE

Neither party shall be liable for any default due to any act of God, war, strike, lock-out industrial action, fire or other event beyond the reasonable control of either party.

 

12. LAW

All disputes arising of this contract shall be subject to the jurisdiction of the courts of England & Wales.