General Buying Conditions
INTERPRETATION
- In all website conditions the following words have the following meanings. The Buyer: the person(s), firm or company who purchases the Goods from the Company; The Company: Olive Branch Catering Equipment Ltd, Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions; Delivery Point: the place where delivery of the Goods is to take place under condition 4: Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any parts of them)
- In all website conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statue or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
- In all website conditions references to the masculine included the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
- In these Conditions headings will not affect the construction of Conditions.
APPLICATION OF TERMS
- Subject to any variation under conditions 2.3 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document.)
- These Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of this Company.
- No order placed by the Buyer, shall be deemed to be accepted by the Company until the Company delivers the Goods to the Buyer. The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
- Any quotation is given on the basis that no contract will come into existence until the Company dispatches the Goods to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it
- All Customers will be subject to validation checks; this covers the use of all methods of payment. For Credit and Charge Card Holders validation will be sought from Card Issuer. In addition, in the interest of preventing fraudulent use of Credit, Debit and charge cards, the Company will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. Credit Account Customers may be scrutinized by all or some of these methods. By ordering from the Company you consent to such checks being made. The Company may need to contact you by letter, telephone or e-mail to verify details before we are able to process and dispatch your order or we may be unable to accept your order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.
- The Company may assign this contract, or any claims arising therefore, to third parties without the buyers consent.
DESCRIPTION
- The description of the Goods shall be as set out in the Company’s Web Page and Catalogue.
- All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures or on the website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
GENERAL
- The Customer is responsible for deciding on the suitability of goods and for the consequences arising from any work The Company undertakes on the goods at The Customer’s request.
- As a result of continuing product development and improvement, the specification or design of goods may vary from that shown.
- Telephone calls may be recorded and used for training and/or monitoring purposes. All errors and omissions excepted. All trademarks acknowledged.
- In addition to the rights and remedies of the Company expressed herein, the Company shall have the rights and remedies conferred by law, and shall not be required to proceed with the agreement it the Buyer is in default in the performance of this, or any other agreement with the Company.
- The Company reserves the right to sub-contract any order or part of an order.
- Any clerical errors or omissions contained by the Company's quotation, acknowledgement or invoice shall be rectified by the Company on discovery and immediately notified to the buyer, such errors or omissions shall be binding on the Company and the rectification thereof shall not invalidate the contract.
- Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
- If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
- Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights Under the Contract.
- Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
- The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- The formation, existence, construction, performance, validity and all aspects of the Contract, shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.
AGE RELATED PRODUCTS
Where the law requires a minimum age limit for the purchase of specific goods, the Buyer must confirm that they are over the required age limit. The Company reserves the right to cancel the Buyers order if the Company believes that the Buyer is not legally entitled to buy certain goods.
SAMPLES
Samples that are not returned to the Company must not be sold on by the Buyer.
LEASING
For leasing terms the Buyer must consult the Terms and Conditions of our leasing company
RISK / TITLE
Although title to Goods remains with the Company until paid for, they shall be at the Buyers risk from the time of actual delivery and the Buyer shall insure them against loss and damage accordingly, and in the event of such loss or damage shall hold the proceeds of such insurance on trust for the Company.
The Buyer’s right to the possession of the Goods shall cease if:
- The Buyer has not paid for the Goods in full by the expiry of any credit period given.
- The Buyer is declared bankrupt or makes any proposal to The Buyer creditors for compensation or other voluntary arrangement; or
- A receiver, liquidator or administrator is appointed in respect of the Buyers business. On cessation of the Buyers right to possession of the Goods in accordance with this clause, the Buyer shall at the Company’s request and at the Buyers own expense, make the Goods available to the Company and allow to repossess them. If the Buyer fails to do so forthwith, we shall be entitled at any time to enter the Buyers premises or the premises of any third party where the Goods are stored and repossess the Goods.
COMMUNICATIONS
- Any dispute arising out of the contract, including the construction or interpretation of its provisions shall be settled by a single arbitrator appointed by agreement the parties or failing such agreement by the president of the law society of England and Wales, at the request of either party. This shall be deemed to be a submission to arbitration within the meaning of the arbitration act 1950, or any statutory be-enactment or replacement thereof.
- You request and authorise us to rely and act upon all apparently valid communications as instructions properly authorised by you, even if they may conflict with any other instructions given at any time concerning contracts, services and all other requirements.
LIMITATION OF LIABILITY
- The Buyer undertakes not to remove, deface or obliterate the Company name plate from goods sold subject to this contract.
- Subject to condition 9, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of;
- Any breach of these Conditions; and
- Any representation, statement or tortuous act, or omission including negligence arising under or in connection with the Contract.
- All warranties, conditions and other terms implied by statute or common are, to the fullest extent permitted by law, excluded from the Contract.
- Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
- The Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract
- Goods manufactured by the customer's designs carry no warranty of condition except that they comply with the design.
ASSIGNMENT
- The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
- The Company may a sign the Contract or any part of it to any person firm or company.
