Terms and Conditions
These terms relate to items supplied to you through the http://www.carltonsales.co.uk (“the Company Site for Commercial Sales”)
THIS IS A COMMERCIAL SITE SELLING BUSINESS TO BUSINESS AND NOT FOR INDIVIDUAL CONSUMERS
1 ORDER ACCEPTANCE
1.1 All orders accepted by Carlton Online Sales part of Carlton Services UK Limited (“the Company”) are subject to these conditions of sale and no variation will be binding unless previously agreed in writing.
1.2 The Company reserves the right to refuse the order and orders will only be accepted upon written acknowledgement from the Company. Please note that you are responsible for ensuring that the goods ordered are suitable for your intended use and that they are compatible with site services. You are also responsible for ensuring adequate access to your site, taking into account the dimensions of the goods you have ordered.
1.3 This is a commercial site and therefore any orders placed by individual consumers will not be accepted.
2.1 Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched, a contract will be made between you and us, and you will be charged for the goods.
2.2 The prices payable for the items that you order are clearly set out on the Company Site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we dispatch the item concerned.
2.3 All prices are expressed exclusive of any VAT payable unless otherwise stated.
2.4 Authority for payment by credit/debit card must be given at the time of placing your order.
2.5 All prices are exclusive of VAT. The Company reserves the right to alter prices for future contracts. Delivery charge (if any) is not included in this unless otherwise stated.
3.1 Delivery will be made to the address specified by you on the completed order form.
3.2 We will deliver your order free of charge to the main entrance of the delivery address. In some cases this is not possible and we will have to do a pavement drop delivery, please contact us for further information. Please note that we deliver goods only to specified regions within mainland United Kingdom. Exclusions to this free delivery service apply to orders received from the Islands, Highlands, Grampian & Argyll, Northern Ireland, Republic of Ireland and Channel Islands. Equipment is priced to reflect routine delivery only. Please contact our sales staff for further details on deliveries to these ares.
3.3 Delivery times will be agreed with you at the time of placing your order. All goods must be signed for on delivery by an adult aged 18 years or over. Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
4.1 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item. Please note that we will attempt to deliver substitute lines should selected lines be unavailable unless you request us not to do so.
5 TITLE TO GOODS
5.1 The Company will continue to own all goods supplied until full payment is received not only for the goods but all other goods for which payment is then due. Until that time you shall hold the goods to the order of the Company, keep them separate from all other similar goods and not dispose of them. In default the Company may enter your premises and repossess the goods.
6 DAMAGED GOODS
6.1 You must check all goods at the time of delivery and note any damage on the delivery note. Claims arising out of transport damage or loss will only be accepted if notified by you to the Company within one day.
7.1 Returns will not be accepted without the prior written consent of the Company. Where returns are agreed in writing, the items must be returned at your cost, unused, pristine condition and in its original packaging. A thorough inspection of the returned goods will then be carried out. The customer will be liable for any damage or misuse of the goods supplied. During the period from delivery of the goods to you and arrival of the goods to our suppliers premises, you must keep the goods safe and fully insured. If we do not receive the item back from you we may arrange for collection of the item from you at your cost, which will include the cost of collection, repackaging and insurance.
7.2 The Company will automatically charge a 30% re-stocking fee in accordance with clause 7.5 plus all collection costs incurred.
7.3 When the goods are received at our suppliers premises in accordance with clause 7.1, we will refund the price paid by you for that item or at your request if the item is defective will repair the item or supply you with a replacement item. We will not refund the delivery charge for sending the item to you.
7.4 Please note this is a commercial site selling business to business and as such Distance Selling Regulations do not apply.
7.5 The Company does not operate a try before you buy system and therefore you will be charged for returning products that are not faulty or wrongly ordered.
8 SPECIFICATION/DESCRIPTION OF GOODS
8.1 The Company reserves the right to alter any specification on any given product and withdraw any product without explanation or notification.
8.2 All images are for illustration purposes only and design may differ slightly from the delivered product.
8.3 Every effort is made to ensure that the descriptions, technical data and illustrations contained in catalogues, leaflets and advertisements are correct; however, they do not constitute a sale by description. The Company's policy is one of continuous updating and improvement and The Company reserves the right to supply Goods that have been modified by design, finish or specification, without notice.
9.1 The Company accepts no responsibility for the fitness or suitability of any of its products for any purpose in particular.
9.2 You must satisfy yourself that the goods ordered are suitable for your particular requirements and application.
9.3 Except in respect of fraud or death or personal injury caused by the Company’s negligence:
9.3.1 The Company shall not be liable for any loss of profits or goodwill or for any type of indirect, special or consequential loss (including loss or damage suffered as a result of an action brought by a third party) even if such loss was reasonably foreseeable or the Company had been advised of the possibility of the loss being incurred;
9.3.2 The maximum liability of the Company for any damage to your property resulting from the Company's negligence arising from this contract shall not exceed £10,000,000.
9.3.3 The entire liability of Company for any other loss or damage suffered by you under or in connection with this contract shall not exceed an amount equal to the aggregate price for the goods.
10 FORCE MAJEURE
10.1 The Company shall not be liable to you or be deemed to be in breach of any contract arising out of any delay in performance or any failure to perform any of its obligations in relation to the goods where that delay or failure was due to any cause beyond the Company’s reasonable control.
11.1 You must insure the goods and shall be responsible for them either from the time of delivery or collection.
11.2 Risk in the Goods shall pass to The Customer when the Goods are delivered to or collected by The Customer or its agent.
11.3 Until full payment has been made, The Customer holds the Goods in trust for The Company and is responsible for keeping the Goods separate from any other assets and in a state of good repair.
12 CANCELLATION OF ORDERS
12.1 You can cancel or change any of your current orders within 24 hours of placing your order by contacting us on (01793) 512550 or email@example.com.
12.2 The Company is under no obligation to accept cancellations or amendments to any order or any part of any order after the period set out in clause 12.1 above and any cancellations or amendments outside such period are not binding on the Company until agreed in writing between the Company and you. Any agreement by the Company to accept a cancellation shall be on terms that you shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.
13 INSTALLATION & SITING OF GOODS
13.1 All refrigeration & air conditioning equipment should be installed by a qualified engineer who is Refcom registered and currently holds an ACRIB card for the safe handling of refrigerant in line with government regulations.
13.2 All gas catering equipment should only be installed by a qualified engineer who is Gas Safe Registered in line with government regulations.
13.3 All electrical equipment that requires to be hard wired should be installed by a qualified electrician preferably who is NICEIC approved in line with government regulations. This does not apply to equipment supplied with a 13amp three pin plug.
13.4 It is the purchasers liability to check the final location of the unit(s) with due consideration to all dimensions as per specifications.
13.5 It is the purchaser’s liability to check access to the final locations.
13.6 It is the purchaser’s liability to check the unit(s) on arrival for any damage and to inform Carlton Services UK Limited as soon as possible of any defaults.
13.7 Extra charges could be incurred if the above are not complied with.
13.8 Where an installation is carried out by the Company or by one of it's approved sub-contractor's all necessary technical information and free use of power and on-site facilities will be required by the Company. Where there are inadequate facilities or delay experienced in obtaining access or facilities or where you delay in approving work or time sheets, the Company can have the right to make reasonable additional charges.
14 HEALTH & SAFETY AT WORK
14.1 You shall discharge all statutory requirements relating to health and safety on site, and shall take reasonable care to protect the employee’s and sub-contractors of the Company and their and the Company’s property while on your site.
15.1 The goods purchased from Carlton Online Sales are covered by the manufacture’s standard warranty and In order to request a warranty repair customers must complete the online warranty request form, warranty requests will not be taken over the telephone. All warranty repairs are carried out by the manufactures engineers or their service agents and not by Carlton Services UK Limited engineers. Where applicable, parts and labour warranty only applies to UK mainland. Customers should be aware that a limited amount of goods carries parts only warranty in Scotland. Some manufacturers operate a “Back to Base” warranty where the item must be returned to them for repair, in these cases we do not provide replacement or loan equipment. Every effort will be made by The Company to handle warranty work quickly and efficiently, however the manufacturer’s will dictate the service arrangements. It may not be possible for service calls to be made on weekends, bank or public holidays, evenings or at a time the customer specifies. If available premium rates will apply.
15.2 The Company warrants that (subject to the other provisions of these terms and conditions) upon delivery, the Goods will, for a period of 12 months unless otherwise stated from the date of invoice for such Goods, is of satisfactory quality under the Sale of Goods Act 1994. Save for the condition implied by the Sale of Goods Act section 12, all other warranties or conditions or other terms whether express or implied by statute, common law custom or otherwise are hereby excluded.
15.3 Where there is a breach of warranty as set out in clause 15.2 The Company undertakes, given reasonable opportunity and time, to rectify the Goods or to replace free of charge. The Company shall not be liable for a breach of clause 15.2 unless: -
15.4 The Goods have been installed correctly by a qualified person in accordance with the manufacturer’s recommendations and all regulations and by-laws appertaining at the time.
15.5 The Goods have been properly maintained and cleaned regularly.
15.6 No misuse of the Goods has taken place and the operating instructions as to storage, installation, commissioning, use or maintenance has been properly adhered to.
15.7 The Goods have been used for the purpose for which they were originally designed.
15.8 No unauthorised alterations to design or usage have been implemented or the defect in the Goods does not arise from any design defect in any drawing, design or specification provided by The Customer.
15.9 The Goods must have been correctly and regularly serviced during the warranty period by an authorised service agency.
15.10 No repair or alteration work has been carried out on the Goods without the express authority of The Company.
15.11 The Customer must complete the online warranty request form advising of the defect to The Company, warranty requests will not be taken over the telephone. The Company will not place warranty calls if the information provided by the customer is incomplete. In order for a service call to be placed we will require a credit/debit card payment to book the call and this payment will be refunded if the engineer confirms that the equipment is faulty but retained as payment if the problem is with the installation or operator.
15.12 The warranty in clause 15.2 does not extend to cover breakages of glass, refractory bricks, light bulbs, tubes, door seals, gaskets, static components with no electrical or mechanical function and consumables under whatever circumstance or failures of expendable items which may be regarded as being due to fair wear and tear or any other failure out of the control of the manufacturer.
15.13 If the warranty is in any other way different to that in Clause 15.2 the Company shall agree this in writing before despatch of the Goods.
15.14 If the Company complies with its obligations in Clause 15.2 it shall have no further liability for a breach of warranty in Clause 15.2 in respect of the quality of such Goods.
15.15 All Goods replaced will belong to The Company and any repaired or replacement Goods will be guaranteed on these terms and conditions for the remaining portion of the warranty period from the date of the original invoice to The Customer.
15.16 All warranty work will be carried out during normal working hours, i.e. Monday to Friday, 8.00am-5.00pm. Please note all warranty repairs will be carried out by the manufactures engineers or their approved service agents and not Carlton Services UK Limited engineers.
15.17 Work will only be undertaken by The Company in respect of an alleged breach of warranty if The Customer first requests such work to be undertaken by completing the online warranty request form. The Customer undertakes to indemnify The Company for any costs, claims, damages or expenses incurred in respect of any work undertaken by The Company as instructed by The Customer which is found not to have been due to breach of warranty as set out in Clause 15.2 or where the conditions detailed in Clause 15.3 above have not been adhered to.
15.18 The provisions of this Clause 15 set out the entire liability of The Company (including any liability for the acts or omissions of its employees, agents and subcontractors) to The Customer in respect of any breach of these terms and conditions and any representation, statement or tortuous act or omission including negligence arising under or in connection with these terms and conditions.
15.19 Nothing in these terms and conditions excludes or limits the liability of The Company for death or personal injury caused by The Company's negligence or fraudulent misrepresentation.
15.20 The Company's total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise arising in the connection with the performance or contemplated performance of the contract shall be limited to the contract price: and
15.21 In no circumstances whatsoever shall The Company be liable to The Customer whether for breach of contract, in tort (including but not limited to negligence), breach of statutory duty, breach of warranty or otherwise for loss of profit, loss of use, loss of business, loss of goodwill, loss of contracts or any other economic, financial or monetary loss whatsoever that may be suffered by The Customer or for any other indirect or consequential loss whatsoever
16 PURCHASER INDEMNITY
16.1 You shall indemnify the Company for any loss injury damage expense or claim whatever arising out of the contract for the goods or its storage installations use operation repair and maintenance save to the extent that the same is caused by the negligence of the Company.
17 TECHNICAL ADVICE AND ASSISTANCE
17.1 The Company's employees or agents are not authorised to make any representations concerning the goods unless confirmed by the Company in writing. In entering into the Contract you acknowledge that you do not rely on, and waive any claim for breach of, any such representations which are not so confirmed.
17.2 Any advice or recommendation given by the Company or its employees or agents to you as to the goods which is not confirmed in writing by the Company is followed or acted upon entirely at your own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
18.1 The Company may assign or sub-contract all or any part of its obligations under the contract.
19 ENGLISH LAW
19.1 Construction validity and performance of the contract shall be governed by English law and the Company and the purchaser submit to the exclusive jurisdiction of the UK Courts.