Anglia Catering Equipment Terms & Conditions
Application and entire agreement
1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from Anglia Catering Equipment Ltd a company registered in England and Wales under number 8202208 whose registered office is Anglia Catering Equipment, Unit 8
Hopper Way, Diss Business Park, Diss, IP22 4GT
2. There Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of delivery of Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
3. These Terms and Conditions and the quotation (together, or the Contract) will apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. A ‘business day’ means any day other than a Saturday, Sunday or bank holiday.
5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
6. Words imparting the singular number include the plural and vice-versa.
7. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Description of the Goods set out in our sales documentation are intended as a guide only.
8. We can only make any change to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements
9. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
10. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
11. Any increase in the Price under the clause above will only take place after we have told you about it.
12. You may be entitled to discounts. Any and all discounts will be at our discretion.
13. The Price is exclusive of fees for packaging and transportation / delivery.
14. The Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and alteration
15. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation and are subject to alteration without notice and are not a contractual offer to sell the Goods which are capable of acceptance.
16. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 30 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
17. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
18. We will invoice you for the Price either:
a. On or at any time after the delivery of Goods; or
b. Where the goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.
19. You must pay the price within 1 day of the date of our invoice or otherwise according to any credit terms agreed between us.
20. You must make payment even if delivery has not taken place and /or the title of the Goods has not passed to you.
21. If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest charge you at the rate of 4% per annum above the base rate of the Bank of England for the time to time on the amount outstanding until you pay in full.
22. Time for payment will be of the essence of the Contract between us and you.
23. All payments must be made in British Pounds unless otherwise agreed in writing between us.
24. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
25. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
26. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
27. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8am to 8pm.
28. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
a. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
b. make arrangements for the redelivery of the Goods and charge you for the costs if such redelivery; and/or
c. after 10 business days, resell or otherwise dispose if part or all if the Goods and charge you for any shortfall below the price of the Goods.
29. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
30. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
31. We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.
Inspection and acceptance of Goods
32. You must inspect the Goods on delivery or collection.
33. You must identify any damages or shortages; you must inform us in writing within 2 days of delivery, providing details.
34. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
35. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair or replace, or refund the Goods or part of them.
36. We will be under no liability or further obligation in relation to the Goods if:
a. You fail to provide notice as set above; and/or
b. You make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
c. The defect arises because you did not follow our oral or written instructions about storage, commissioning, installation, use and maintenance of the Goods; and/or
d. The defect arises from normal wear and tear of the Goods; and/or
e. The defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
37. You bear the risk and cost of returning the Goods.
38. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 4 days after delivery.
Risk and title
39. The risk in the Goods will pass to you on completion of delivery.
40. Title to the Goods will not to you until we have received payment in full (in cash or cleared funds) for (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
41. Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and or (b) store the Goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
42. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or any third party where the Goods are stored in order to recover them.
43. We can terminate the sale of Goods under the Contract where:
a. You commit a material breach of your obligations under these Terms and Conditions;
b. You are or become or, in our reasonable opinion, are about to become the subject of bankruptcy order or to take advantage of any other statutory provision for the relief of insolvent debtors;
c. You enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
d. You convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency
Limitation of Liability
44. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
45. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are exclude to the fullest extent permitted by law.
46. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
47. Our total liability will not, in any circumstance, exceed the total amount of the Price payable by you.
48. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
a. Any indirect, special or consequential loss, damage, costs or expenses; and/or
b. Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
c. Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control;
d. any losses caused directly or indirectly by nay failure or breach by you in relations to your obligations; and/or
e. any loss relating to the choice of Goods and how they will meet your purpose or use by you of the Goods supplied.
49. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
50. All notices under these terms and conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
51. Notices will be deem to have been duly given:
a. When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours the recipient;
b. When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. On the fifth business day following mailing, if mailed by national ordinary mail; or
d. On the tenth business day following mailing, if mailed by airmail
52. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
Circumstances beyond the control of either party
53. Neither party shall be liable for any failure or delay in performing their obligations where such failure to delay results from any cause that is beyond reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
54. No waiver by us or any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
55. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable)
56. Viewing is welcome on any of our Goods just give us a call on 01379 641223 to arrange a time to ensure the Goods are at our distribution centre.
57. Collection is welcome by prior arrangement. All goods collected by yourselves or your own courier must be signed stating it is in its described condition and that all liability for the item will be yours before any item is released into your possession.
58. If you require any item to be packaged or placed on a pallet for your own courier to collect then we will happily do this for you.
Warranty on Reconditioned Goods
59. All reconditioned goods come with a standard 1 month parts warranty from the date of purchase. All Reconditioned Goods are as described and we offer no manufactures warranty as the Goods are used. 60. The equipment must be installed by the appropriate qualified tradesman/engineer and therefore we cannot be held liable or responsible for any subsequent damage or failure after installation.
61. If your Goods are being delivered by courier, please ensure you check the item before you sign for it. If you are unable to do this please ensure you sign the item as unchecked (there should be a separate check box). If the packaging looks damaged we would strongly advise you to check the item immediately, if the item is damaged please do not accept delivery or call us immediately on 01379 641223.
62. Please call us immediately or within 48 hours if the equipment is faulty or damaged.
63. Please ensure you keep all the packaging as the Goods will need to be returned. If the Goods are not what you ordered or you wish to return the Goods for another reason it is important you do not remove any of the plastic wrapping on the equipment, plug it in or use it in any way. Please call us immediately on 01379 641223 if you wish to return the item.
64. The Goods should be left exactly as it was when it arrived. This is for your own protection as some manufactures will not except returned Goods if the plastic has been removed or the Goods used in any way. Most manufactures will charge a restocking fee and this can be upto 25% of the customer purchase price.
Law and jurisdiction
65. These Terms and Conditions are governed by and interpreted according to English Law. All disputed arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
We are committed to protecting the privacy of your personal information and to maintaining strong and meaningful data privacy controls.
We hope that our updated policies and procedures make it easier for you to understand the information that we collect from you, your ability to manage it, and the additional settings we have enabled to grant you more control over what information you chose to provide, how it may be shared with certain third parties.
Anglia Catering Equipment (collectively, the “Company”, “we”, “us” and “our”) are committed to safeguarding the privacy and personal information of our customers and business partners. This Privacy Notice explains how we may collect, use, process, share, and store personal information about you, including through designated third-party service providers, and the choices that are available to you regarding this information. Please read this Privacy Notice carefully to understand our views and practices regarding your personal information and how we will treat it.
In addition to information kept in hardcopy, this Privacy Notice also applies to Company-related websites, online applications that run on smart phones, tablets, mobile devices (“apps”), and other online services that we offer which link to this Privacy Notice. Please note also that our websites may contain links to other websites.
What information do we collect about you?
We collect only the Information you give us.
We collect information about you when you open an account with us, purchase our products and services and/or remit payment for services. We also collect information about you using cookies, and if you interact with us via phone, social media, websites, or apps.
The types of information that you may give us vary depending on the specific entity with which you are doing business and/or the particular services requested. For example, you may be purchasing products from Anglia Catering Equipment using our payment solutions technology. The information you may give us could include categories such as, but not limited to, your name, work or personal address, e-mail address, phone number, date of birth, gender, financial and/or credit card information, driving license information, personal description and/or photograph, as well as customer data, payment data, employee data and/or website user data.
How do we use your information?
We may use the information we collect from you when you register, make a purchase or sign up for our newsletter for marketing communications by us only. We do not share or sell your information with any other individuals or companies for any purpose.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
Do we use ‘cookies’?
• Help remember and process the items in the shopping cart.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly. However, you can still place orders .
Information we receive from other sources
We may receive information about you if you use any of the other websites we operate or the other services we provide. We also work closely with third parties (including, for example, business partners, sub-contractors, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information about you from them.
How do we use the information about you?
We use your information to provide you with information, process orders for products and services that you request from us, and administer or otherwise carry out our obligations in relation to any agreement you have with us. The Company retains your information for the period necessary to serve a legitimate purpose or as required by law.
We may also use this information to provide you with information about goods or services we feel may interest you. If at any time you wish us to stop using your information for any the above purposes, please contact us using the methods explained below. We will stop the use of your information for such purposes as soon as it is reasonably possible to do so.
How do we share your information?
We may share your personal information with selected third parties for the performance of any contract we enter into with them or you. These third parties will not use your personal information for any other purposes than what we have agreed to with them, and we request those third parties to implement adequate levels of protection in order to safeguard your personal information. For example most of our products come direct from the manufactures and are delivered to you by the courier company they employ. If you order a product through us we need to share your name, delivery address, telephone number and email address with manufactures who in turn pass these details onto their courier.
In the event we go through a business transition, such as a merger, acquisition of another company, or sale of part or all of our assets, we may disclose your personal information to third parties and your personal data held may be among one of the assets transferred.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
Third party links
We do not include or offer third party products or services on our website.
Potential rights under the GDPR
Under the EU General Data Protection Regulation (“GDPR”), if you are a citizen or resident of an EEA country or Switzerland, you may have certain rights regarding your personal information:
- Right to access information maintained about you;
- Right to ensure your data is accurate and complete;
- Right to erasure, or the right to be forgotten;
- Right to restriction or suppression of personal data;
- Right to data portability;
- Right to withdraw consent if consent was previously provided; and
- Right to raise a complaint to the Information Commissioner’s Office.
If you are eligible to invoke one of the rights listed above and wish to do so, you may contact us as part of a subject access request using the details found below. Please note that we may not always be able to fulfil your request as there may be legitimate purposes, such as certain legal or statutory obligations, that require us to retain your information as stored or if we believe the change would cause the information to be incorrect.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
• Remarketing with Google AdSense
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
Updates to our Privacy Notice
As appropriate, we may make changes to this Privacy Notice that will be posted online and, where appropriate, be sent to you by e-mail. Please check back frequently to remain aware of any updates or changes to this Privacy Notice.
If at any time you would like to unsubscribe from receiving future emails, you can email us and we will promptly remove you from ALL correspondence.
Anglia Catering Equipment Ltd
Long Meadow Workshop