CaterGiant UK - Terms of Business

Product Categories

Quick Find

Manufacturers

MY ACCOUNT

Shopping Cart

0 items

Terms of Business

These Terms of Business ("Terms") apply to all sales transactions conducted with us. By accessing the Website and/or placing an order online, in person, by phone, post or email you agree to be bound by these Terms. If you do not wish to accept these Terms, please do not continue to use this website and do not make a purchase from us.

CONSUMERS:

We supply goods to businesses and organisations only. If you are an individual consumer requiring goods for personal non-commercial use you may not order online our website. Please telephone us first to request a copy of our Consumer Terms of Business which you will need to sign and return prior to requesting to place an order as a consumer.

CONTENTS

1. INTRODUCTION
1.1 These Terms, together with the Policy and Procedures pages referenced herein, form the entire contract between us and supersede any other agreements between us including any terms on any Purchase Order issued at any time by you to us.

2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process, sending us a Purchase Order, or placing an order by telephone, email or in person. As part of our online checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered. If you order by phone, fax or in person, we will confirm the details of your order and total charges to you and send you a written confirmation by email or post.

2.2 By placing by order, you represent to us that you are a business or organisation purchasing commercial equipment for use in a commercial or organisational environment. If you are an individual consumer purchasing goods or services for your personal use or benefit, you must not place an order without first contacting us and obtaining a signed hardcopy of our "Consumer Terms of Business".

2.3 We may refuse to accept an order:
(a) where goods, services or information ordered by you are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions; or
(e) if we do not deliver to your area; or
(f) for any other reason.
Where we do not accept your order but have processed your payment, we will provide a full refund. We will not be obliged to pay any additional amount as compensation for disappointment.

2.4 Where we have made or customised goods specifically for you, ordered replacement parts, or purchased a particular quantity or special configuration for you at your request, or you have specified a configuration for goods which is different to the standard item, then your order will be classed as a Special Item Order.

3. PRICING & PAYMENT
3.1 Our prices are stated exclusive of VAT. VAT will be charged on all qualifying products and services at the prevailing UK rate.

3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown on the Delivery Charges page.

3.3 Where we provide a quotation or proforma invoice, any prices and volume discounts offered therein will be valid for a maximum of 14 days.

3.4 For international customers outside the UK, we may state prices in Euros or US dollars for convenience. These prices are an approximate indication only and the final value must be paid at the full £Sterling price stated on our website. If you pay by bank transfer, you must pay all bank charges and any currency conversion fees so that we receive the full £Sterling amount specified.

3.5 Where you order goods online and opt to pay by credit or debit card, your card will be automatically debited by our payment processor at the time you enter your card details and confirm that you wish to conclude the order and make payment.

3.6 Where you make payment by cheque, we will allow 5 working days for the cheque to clear. International drafts or cheques may take longer.

3.7 Payments by bank transfer or at a bank will be subject to our confirmation of receipt of cleared funds to our bank account.

3.8 For Credit Accounts, additional terms as specified in our Credit Account Terms apply and form part of this contract. See Credit Accounts page.

4. DELIVERY
4.1 For UK mainland orders of standard stocked items, we will despatch goods ordered by you as soon as possible to the address you give us for delivery usually within 7 days but in any event within a maximum 28 days of your order.

4.2 Orders placed with our Fast Track Service are guaranteed to be delivered on the date agreed at the time of order to the designated address. Where an order placed using the Fast Track Service is not delivered by the agreed date, we will give you the choice of either refunding the Fast Track fee or accept cancellation of the order and provide a full refund. The guarantee does not apply where the delivery driver is unable to deliver due to your premises being closed, or no one being available to sign for the delivery or you have provided an incorrect delivery address or postcode.

4.3 Timescales for international orders or Special Item orders will vary and will be specified by time estimate at the time of your order being placed or, if you order without first contacting us to check stock availability for your required quantity and specification, as soon as possible subject to stock availability.

4.4 Where commissioning and on-site installation of equipment is required as part of an order, the delivery timescale will be subject to the working schedule of the manufacturers delivery service or our delivery service.

4.5 If you place an order online or by email without consulting us beforehand that same day about stock availability or delivery timescale for your required product/s and specification to your delivery address, then we will despatch the item/s if in stock within 7 working days or alternatively, if the item is on back-order, as soon as the stock becomes available and within 28 days, or for Special Item orders as specified in 4.3 above.

5. LIABILITY
5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing of the problem within 2 working days of the delivery of the goods in question. If the goods are not what you ordered, you must not use them and immediately return them to their original packaging.

5.2 If you notify a problem to us under this condition, our only obligation will be, at our option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.

5.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

5.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from us. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

5.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

6. CANCELLATION OF CONTRACTS FOR GOODS
6.1 Goods are not supplied on a trial basis. Goods may not be returned for refund or exchange.

6.2 If you wish to cancel your order you must notify us immediately of your cancellation request by phone during our normal office hours and then confirm the same in writing by letter or email. Cancellations will not be accepted where we have already dispatched the goods to you and/or we have already ordered any goods for you from the equipment manufacturer or distributor.

6.3 Solely at our discretion, we may make an exception to accept a cancellation request where the manufacturer or trade distributor in turn permits a cancellation from us and provides a full refund to us. We may deduct any shipping and handling charges we have incurred, any card payment processing charges and/or any bank charges. Re-stocking fees may also be applicable and payable by you.

6.4 Where return has been agreed by us in writing under clause 6.2 above, (a) we may require you to sign and complete either a Non-Use Declaration Form or a Faulty Goods Report form. Once these have been returned and processed, if satisfactory we will issue to you in writing:- an RMA number, the Returns Address and the instructions for labelling and packaging the item. You must clearly write the RMA number on a note accompanying the goods. Goods must be returned within 7 days of the RMA number being issued.

(b) We will not be liable for any goods until we have physically received them at the Return Address we have provided to you with our RMA number clearly written on an accompanying sheet. Any goods returned to us without a valid RMA number stated in an accompanying document or any goods returned to an address other than the specified Return Address will be refused or held for collection at your risk. You will be responsible for collecting any such goods or paying us storage charges at £15 per day per square metre of storage. Goods not collected within 14 days will be disposed of and you will be liable for the disposal cost.

(c) Where we have accepted a cancellation request and agreed a refund amount, and satisfactorily received and inspected any goods despatched by us and in turn ourselves received any credit and refund from the manufacturer or trade distributor, we will then issue you with a Credit Note and Refund Request Form. You must complete and return this form if you require a refund otherwise the credit can be used against any other purchase made within 180 days.

6.5 If you are a consumer and you have obtained a signed copy of our Consumer Terms of Business at the time of placing your order, the provisions of this clause 6 do not affect your statutory rights.

7. WARRANTY & RETURNS POLICY
7.1 All equipment is supplied with a minimum 12 months manufacturers Return to Base warranty. Some equipment is provided with a longer manufacturers warranty or on-site warranty where stated on the product profile page or with the product documentation.

7.2 Our policy and procedures for reporting and resolving issues with faulty goods, goods damaged in transit, shortages and incorrect specification delivery are stated in our Service Calls page which form part of these Terms.

7.3 We warrant that the goods we provide will perform substantially in accordance with the manufacturers specification when used in accordance with the manufacturers instructions. However, we do not warrant that goods will meet your requirements nor be suitable for the purpose for which you intend to use them nor that any particular function or feature will work in the manner that you desire nor that they will fit within your workspace nor readily connect to your services. Any advice given by our staff or representatives is given in good faith - ultimately you are responsible for determining whether the goods will meet your current and future requirements and you should obtain any written clarification or confirmation from the manufacturer where necessary prior to purchase.

8. WEBSITE ACCESS
8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

9. LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites on this Website are provided solely for your convenience and in good faith. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

9.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of our logo or other trademarks;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any of our trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate.

9.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach.

10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11.4 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

12.2 Unless expressly stated in the product description, we do not warrant that equipment, materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom.

13. LICENCE
13.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies; and
(d) you are not attempting to sell the products or services yourself or on behalf of anyone else.

13.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 13.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

13.3 Subject to clause 13.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

13.4 Any rights not expressly granted in these terms are reserved.

14. STANDARD SUPPORT SERVICES
14.1 We will provide you with support by email or telephone on products you purchase from us to assist you with any specific queries during setup, configuration and usage for a period of 12 months from delivery, subject to the provisions of our Technical Support Policy which forms part of these Terms.

15. NON-PAYMENT OR LATE PAYMENT
15.1 All goods will remain our property until paid for in full.

15.2 Where a payment is not received by us or is countermanded by you and you have failed to pay us within 7 days of written notice from us, you agree to pay the reasonable costs we incur in instructing a debt collection agency to collect the outstanding payment from you and without prejudice to our right to issue court proceedings to recover the outstanding debt.

15.3 The individual person placing an order on behalf of a company or organisation or using his/her personal credit/debit card agrees to be jointly and severally liable personally for any payment due to us.

15.4 If you are a business or organisation, you will also be liable for late payment charges and interest under the terms of the Late Payments of Commercial Debts (interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.

16. MISCELLANEOUS
16.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

16.2 We will not be responsible for any loss or corruption of data howsoever caused.

16.3 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

16.4 No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.

16.5 Certain provisions of these Terms may be varied by express legal notices issued by an authorised officer of our Company or additional terms applicable to certain Products which are located on particular pages of this Website.