DESCRIPTION

The description of the Goods shall be as set out in HotelWare Supplies Ltd’s Web Page and Catalogue.

All drawings, descriptive matter, specifications and advertising issued by HotelWare Supplies Ltd and any descriptions or illustrations contained in HotelWare Supplies Ltd’s catalogues or brochures 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.

MAIL AND WEB ORDER DELIVERY

If orders are placed before 12PM, goods held in our warehouse are usually delivered the next working day on the UK mainland, although bulky or fragile items may take longer.

For off shore and remote areas including Northern Ireland, Highlands, Isle of Man, Isle of Wight, Channel Islands, Alderney and Scottish Islands a supplementary delivery cost may apply.

All products are subject to availability.

Any dates specified by HotelWare Supplies Ltd for mail order delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.

All large machinery, refrigeration, and flat packed prices include delivery to the door (ground floor only) UK mainland. Mail and web order delivery does not include going on the premises, negotiating stairs or lifts, unpacking, positioning or assembling items. The Buyer needs to ensure that all products will fit through doorways and onto premises, HotelWare Supplies Ltd will not accept responsibility if it will not fit. Any carriage charges caused by aborted delivery are the Buyers responsibility.

Subject to the other provisions of these Conditions HotelWare Supplies Ltd will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by HotelWare Supplies Ltd’s negligence).

Any delay in delivery will not entitle the Buyer to cancel the order. HotelWare Supplies Ltd will not be liable for failure or delay in delivery of the goods, if it is due to an event beyond the reasonable control of HotelWare Supplies Ltd.

The Buyer must ensure that someone is on site to accept and sign for delivery. Any signature taken to accept delivery is binding.

If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, or the company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses or authorisations:

Risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence);

The Goods will be deemed to have been delivered; and

HotelWare Supplies Ltd may store the Goods until delivery where upon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).

For large machinery or refrigeration, where a delivery attempt has been made and failed due to customer error, a subsequent delivery charge may be made.

DELIVERY AND INSTALLATION

The delivery date referred to in HotelWare Supplies Ltd’s acknowledgement of order shall only be regarded an estimate of the actual date of delivery. HotelWare Supplies Ltd shall not be bound to deliver on the estimated delivery date nor shall HotelWare Supplies Ltd be liable for any delay in delivery unless specifically agreed in writing from HotelWare Supplies Ltd’s head office.

Where delivery is delayed upon the buyers request or due to the lack of delivery instructions, or due to the buyers delayed payment of his account HotelWare Supplies Ltd shall have the right to charge storage costs, which the buyer shall pay. Storage shall be charged at 2% of invoice value for each completed month which delivery is delayed beyond the stated delivery date.

If HotelWare Supplies Ltd attempts to effect delivery, and such an attempted delivery is abortive due to the buyers refusal to accept goods for whatsoever reason, unless the buyer has given HotelWare Supplies Ltd reasonable written notice of the buyers wish to postpone the delivery date, HotelWare Supplies Ltd shall have the right to charge the buyer with all costs and expenses of the abortive delivery.

HotelWare Supplies Ltd may make, and the buyer shall accept partial deliveries when required by HotelWare Supplies Ltd.

On delivery all risk in connection with the goods shall pass to the buyer.

If, after delivery, but before completion of the installation, damage to or destruction of any part of the equipment on site occurs, arising from any accident, theft or malicious intent or from war, fire or any cause beyond HotelWare Supplies Ltd’s control HotelWare Supplies Ltd shall make good the damage or destruction and will make an extra charge to the buyer in respect thereof which the buyer must pay. The extra charge will be calculated in accordance with HotelWare Supplies Ltd’s standard charges and terms. If further work shall be impractical the buyer shall pay for the equipment and labour already supplied, and the contract shall be at an end.

The buyer shall be solely responsible for the cost of protecting the equipment from damage or destruction after delivery, howsoever caused.

HotelWare Supplies Ltd accepts no liability arising from or contributed to by the fixing of equipment by the Buyers or by contractors employed by them or from placing on equipment of articles of excessive weight.

HotelWare Supplies Ltd will not accept any liability or claim for the loss of contents arising from malfunction of the equipment supplied.

The company’s quotation does not include the following:

a) Any electrical wiring, plumbing, building works, making good, or any materials or services not specifically mentioned in the quotation.

b) Any casual labour, costs of hiring, lilting or handling equipment or scaffolding required to convey goods supplied to site.

c) Cost of lighting, power, heating and water required during erection and installation of the equipment at site.

d) Any insurances payable relating to the above.

The above items are to be provided and paid for by the Buyer.

The quotation and specification are based on the assumption that the equipment can be installed in such position that there is available for the condensing process at all times, a constant supply either of free air at a temperature not higher than 80º F or (in the case of water-cooled equipment) water at a temperature not exceeding 65º F at a sufficient pressure, and that the ambient temperature at the site does not exceed 80º F. If these conditions do not exist and that fact is not disclosed to the company, the company reserves the right (at HotelWare Supplies Ltd’s option), either to cancel the contract or to make an extra charge above the price quoted, for the cost of carrying out any modifications necessary, or to cancel the warranty.

Where the buyer is to provide materials to be used in connection with the contract they must be in good condition and suitable for the purpose for which they are intended. Any replacement found necessary after inspection and/or testing by HotelWare Supplies Ltd (whose decision in this respect will be final) will be charged for in addition to the quoted price.

If any materials specified are not available HotelWare Supplies Ltd reserves the right, without notice, to substitute other materials which in the opinion of HotelWare Supplies Ltd are suitable.

Notwithstanding any agreed date under clause above HotelWare Supplies Ltd shall not be liable for loss or damage arising from delays in delivery resulting from acts of God, Government orders, strikes, war or delay in delivery of manufacturing material, or any circumstances beyond HotelWare Supplies Ltd’s control. None of these events shall entitle the buyer to cancel the contract, and the delivery date shall be extended accordingly.

The Buyer should cover the equipment being delivered for fire and theft even it the goods are on short term loan or hire.

RETURNS

Goods are not supplied on a sale or return basis.

HotelWare Supplies Ltd reserves the right to impose an administration charge on all returns. Due to the high cost of carriage and handling, a restocking fee may be incurred if it is necessary to return large items.

Once HotelWare Supplies Ltd has acknowledged the buyer’s order, the buyer may only cancel the order if HotelWare Supplies Ltd agrees to accept such cancellation. In such an event HotelWare Supplies Ltd reserves the right to charge a cancellation fee in respect of its cost, which the buyer shall pay.

You will require a returns authorisation number to return any item from our catalogue. You must telephone our Returns Authorisation Dept. (01904 608476) to be issued with an authorisation number before returning goods.

Unrequired goods for credit will only be accepted within 10 days of invoice and must be in perfect condition and in original packaging. After 10 days a 25% restocking charge will apply. No goods are accepted for return after 30 days.

Full purchase detail i.e. our order number, must be included on all returns.

All goods returned are at senders expense and responsibility.

No special items (non stock lines) will be accepted back for credit.

Where goods do not appear in an HotelWare Publication (including but not limited to the catalogues, or a leaflet, or our website) and are specially ordered for the Buyer, the Company will only accept return of the goods if they are defective and returned within 30 days of delivery by the Buyer. This also applies to goods that have been embroidered or engraved.

To return installed goods, the Buyer must call the returns line – 01904608476, whereby the Company will decide upon the most appropriate course of action.

Where goods are returned in their original packaging, this packaging must be in intact condition. The Company reserves the right to impose a charge for any damaged packaging.

NON-DELIVERY

The quantity of any consignment of Goods as recorded by HotelWare Supplies Ltd upon dispatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

HotelWare Supplies Ltd shall not be liable for any non-delivery of goods (even if caused by HotelWare Supplies Ltd’s negligence) unless written notice is given to the Company within 7 days of the date when the Goods would in the ordinary course of events have been received.

Any liability of HotelWare Supplies Ltd for non-delivery of the goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro-rata contract rate against any invoice raised for such goods.

RISK AND TITLE

Although title to Goods remains with HotelWare Supplies Ltd 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 HotelWare Supplies Ltd.

All orders placed by you and purchases of goods from us are on the basis of these Terms and Conditions and are subject to acceptance by  delivering the goods to you, at which point a legally binding contract is constituted between you and us. The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.

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 HotelWare Supplies Ltd’s request and at the Buyers own expense, make the Goods available to HotelWare Supplies Ltd 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.

If any goods received by the Buyer have been damaged upon delivery, the Buyer must inform the Company of such damage within 24 hours of delivery.

For large machinery or refrigeration, where a delivery attempt has been made and failed due to customer error, a subsequent delivery charge may be made.

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. HotelWare Supplies Ltd reserves the right to cancel the Buyers order if HotelWare Supplies Ltd believes that the Buyer is not legally entitled to buy certain goods.

SAMPLES

Samples that are not returned to HotelWare Supplies Ltd must not be sold on by the Buyer.

PRICE

The price payable for the Goods you order is as set out in our web site at the time you place the order or, if you order the Goods from one of our catalogues, as set out in the catalogue from which you order provided it is a current catalogue. The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to loading, unloading, carriage and insurance all of which amounts the Buyer will pay in addition when it is due to pay for the Goods.

HotelWare Supplies Ltd reserves the right to change the advertised price at any time.

Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.

All prices quoted are based on HotelWare Supplies Ltd’s standard production drawings. The Buyer may request reasonable variations to the agreed specifications and drawing but such variations must be approved by HotelWare Supplies Ltd in writing, and any extra cost arising to HotelWare Supplies Ltd there from shall be charged in addition to the quoted price. Under no circumstances may the Buyer instruct HotelWare Supplies Ltd’s workmen to carry out variations without such consent. The company will not be liable for any damage of whatsoever nature arising from these instructions being ignored.

An extra charge above the price quoted will be made if the site where the equipment is to be installed is not ready, level, cleared, or easily accessible to normal transport on a ground floor site. It is the buyer’s sole responsibility to obtain all necessary permissions and consents for an installation which may be required by Law or by third parties.

Should HotelWare Supplies Ltd incur any extra cost due to lack of instructions, overtime working, abortive deliveries, suspension of the work, or delays caused by others, such extra cost will be added to the contract price and accordingly paid by the Buyer.

In addition to the prices stated herein the Buyer may be required to pay or reimburse HotelWare Supplies Ltd for any tax (except Income or Corporation tax) which may now or hereafter be imposed by any taxing authority in respect of the goods and services contracted for. In the event that HotelWare Supplies Ltd shall be required to pay such tax, the Buyer shall reimburse HotelWare Supplies Ltd for such payment.

 

PAYMENT

Payment must be received for the whole of the price of the Goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing. If you are an account customer, payment shall be made in full within 30 days of the date of invoice, time shall be of the essence for payment. Credit Facilities may be revoked at the absolute discretion of HotelWare Supplies Ltd, all outstanding balances will be payable immediately.

No payment shall be deemed to have been received, until HotelWare Supplies Ltd has received cleared funds.

The Buyer shall make all payments due under the Contract without any deductions whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by HotelWare Supplies Ltd to the Buyer.

If the Buyer fails to pay HotelWare Supplies Ltd any sum due pursuant to the Contract the Buyer will be liable to pay interest to HotelWare Supplies Ltd of such sum from the due date for payment at the annual rate of 8% above the base lending rate. This will be accruing on a daily basis until payment is made whether before or after any judgment.

All unpaid cheques returned by the bank will have an Administration fee of £25.00 levied to the account.

Unless otherwise agreed payment is required prior to delivery of the goods. For so long as any amount to be paid for goods remains owing to HotelWare Supplies Ltd, goods will remain with HotelWare Supplies Ltd and will not pass to The Customer until the full payment has been received, subsequent orders and deliveries will be refused until such payment is received.

Full, legal and beneficial ownership shall not pass to The Customer until HotelWare Supplies Ltd has received cleared funds for all monies due.

Until such time that the full ownership passes to The Customer, goods should be identified as the property of HotelWare Supplies Ltd, be stored separately from goods owned by The Customer, and must be properly stored, protected and insured.

 

QUALITY

Goods supplied by HotelWare Supplies Ltd are guaranteed in accordance with the terms of the manufacturer’s warranty provided with the goods or for 1 year if not stated with the goods. The warranty applies to U.K. Mainland only and does not apply to goods that have not been paid for in full. If any HotelWare Supplies Ltd product proves defective within one year of purchase we will repair it at no cost to you.

Warranty does not apply to wear and tear, or if a product has been damaged, misused, or altered in any way, or if the goods have been disassembled, partly used or the seals or labels have been removed or tampered with. Warranty does not include goods that have been damaged by fire, water or smoke, have exceeded their warranty period, or are sterile and or/disposable. This also applies where a machine has not been properly maintained, including cleaning and de-scaling where applicable. Any defect or suspected defect must be notified to HotelWare Supplies Ltd in writing within 14 days of receipt of delivery. It does not apply to a small number of machines marked ‘No commercial warranty’ where any warranty is invalidated if the product has been used, or deemed to have been used in a commercial environment. Machines returned for repair are not reassembled if upon quotation the repair is not required. Temporary replacement machines are not available. HotelWare Supplies Ltd endeavors to meet The Customer’s individual requirements, but is under no obligation to accept cancellation or amendment to any order or part of order.

Be reasonably fit for any particular purpose for which the Goods are being brought if the Buyer has made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of HotelWare Supplies Ltd.

Machines returned for repair in warranty where it is found that the machine has been abused, or has not been used as it was designed, will be charged for, we will contact you prior to doing this, whenever possible.

HotelWare Supplies Ltd shall not be liable for a breach of (the warranty) (any of the warranties) in condition unless;

The Buyer gives written notice of the defect to the Company, and (if the defect is as a result of damage in transit) to the carrier, within 3 days of the time when the Buyer discovers or ought to have discovered the defect; and

HotelWare Supplies Ltd is given a reasonable opportunity, after receiving the notice, of examining such Goods; and the Buyer (if asked to do so by HotelWare Supplies Ltd) returns such Goods to HotelWare Supplies Ltd’s place of business at HotelWare Supplies Ltds cost for the examination to take place there.

The Buyer makes any further use of such Goods after giving such notice; or

The defect arises because the Buyer failed to follow HotelWare Supplies Ltd’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or

if any of the Goods do not conform with (the warranty) (any of the warranties) in condition HotelWare Supplies Ltd shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if HotelWare Supplies Ltd so requests, the Buyer shall, at HotelWare Supplies Ltd expense, return the Goods or the part of such Goods which is defective to the Company

Any Goods replaced will belong to HotelWare Supplies Ltd and any repaired or replacement Goods will be guaranteed on these terms for the unexpired portion of the warranty term.

The warranty does not apply:

a) To second hand products supplied hereunder;

b) to damage to any part caused by overloading, abuse, misuse, tampering, neglect or accident or putting to use other than normally recommended by HotelWare Supplies Ltd;

c) to any product or part repaired, altered or assembled by anyone other than HotelWare Supplies Ltd, it’s supplier or it’s appointed installation or service contractor, which in the sole judgment of HotelWare Supplies Ltd affects the performance, stability, or purpose for which if was manufactured;

d) To payment of removal or installation charges of warranted parts;

e) To loss of food or contents of the equipment;

f) To the condensing unit used with the equipment unless such a unit was supplied by HotelWare Supplies Ltd;

g) To components not manufactured by HotelWare Supplies Ltd;

h) For any claim in excess of the contract price;

i) Where the buyer or its agent has inspected and approved the goods prior to delivery;

j) To any additional damage caused by the buyer’s failure to notify HotelWare Supplies Ltd of a defect.

This warranty is in lieu of all other warranties expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, and in no event shall HotelWare Supplies Ltd be liable for consequential loss or special damage.

HotelWare Supplies Ltd makes no warranty whatsoever in respect of items which it does not manufacture. HotelWare Supplies Ltd shall assist the buyer to obtain the benefit of any applicable warranties given by the man