STANDARD COMMERCIAL TERMS & CONDITIONS OF SALE
1. DEFINITIONS and GENERAL
1.1 The Company – Easicook Microwave Ltd t/a Easicook.
1.2 The Buyer - the person, firm or company contracting with the Company and any delivery address specified by
The Buyer relating to an order.
1.3 The Contract - any contract between the Company and the buyer for the sale and purchase of goods upon
these terms and conditions.
1.4 All orders are accepted subject to these conditions of sale, which shall apply to the exclusion of any terms or
conditions put forward by or on behalf of The Buyer.
1.5 No variation, waiver or addition to these conditions, whether written or oral, shall have effect unless agreed in
writing by The Company.
2. DESCRIPTION
2.1 Although every effort is made to ensure that the illustrations, price, description measurement and specification
of goods in our catalogue, brochures and website are correct, such information is published for the sole purpose of
giving an approximate idea of the goods represented. Due to a policy of continuous improvement, products
supplied may differ slightly from the image in the catalogue, brochure or website.
2.2 If any products ordered become no longer available from the manufacturer, the Company reserve the right to
supply an alternative product at the same price as the one originally ordered.
3. ORDERS
3.1 The Buyer shall be responsible to The Company for ensuring the accuracy of any order
3.2 Goods are not sold on a trial basis. The Buyer should check specifications and suitability before ordering. By
placing an order with The Company, The Buyer expressly confirms that they have checked the specifications and
suitability for the product(s) they are ordering. The Company does not warrant the suitability of goods for specific
applications nor for any items that do not fit into The Buyers premises including sizes of doorways and entry points.
3.3 No order which has been accepted by The Company may be cancelled except on terms that The Buyer shall
indemnify the company against loss (including loss of profit)
4. PRICE OF GOODS
4.1 The price of the goods is exclusive of Value Added Tax (VAT), which will be charged at the applicable rate as
at the date of invoice
4.2 The price quoted may be subject to delivery charges unless stated that it is inclusive
4.3 Prices quoted are for supply only unless stated that the order is inclusive of installation
4.4 European customers outside the UK will need to provide a valid Vat code for their company or a further charge for UK tax at 20% will be required
5. TERMS OF PAYMENT
5.1 Unless otherwise agreed, payment is required prior to delivery of the goods. Where The Company agrees to
issue an invoice, the Buyer must pay the invoice within 30 days of the invoice date. For so long as any amount to
''be paid for goods remains owing to The Company, title of goods will remain with The Company and will not pass to
The Buyer until The Company has received full payment including any interest due. The company reserves the
right to claim settlement of any outstanding amounts due before this date if there is any change in financial
circumstances of the buyer
5.2 All goods shall remain the property of The Company until full payment has been received
5.3 In the event of any payment due being withheld or delayed The Company reserve the right to:
5.3.1 To suspend any further deliveries to the buyer
5.3.2 Charge interest at 4% above the base rate from time to time of National Westminster Bank Pic on any
amount not received by the due date until such amount is received, both before and after judgement, if applicable,
until payment of cleared fund has been received.
53.3 To recover from The Buyer on a full indemnity basis together with interest thereon all costs incurred by it in
obtaining payment including solicitor's fees and costs associated with so doing.
6. DELIVERY
6.1 The Company will use reasonable endeavors to deliver the goods within the time agreed when The Buyer
places an order. However any such delivery is not guaranteed, even if The Buyer pays a surcharge for a timed /
guaranteed service. The Buyer expressly confirms that The Company shall bear no responsibility for late deliveries
or for any costs incurred by The Buyer as a result of late delivery / non delivery of any item(s).
6.2 Any costs incurred due to inadequate site access shall be charged to The Buyer
6.3 Wherever possible The Company will deliver from stock held in it's warehouse. For items not in stock, delivery
will normally be made direct from supplier. All deliveries are made to kerbside only. It is the responsibility of The
Buyer to ensure adequate provision and resources are made for getting the item(s) into their premises and that all
relevant apertures are of an appropriate size to accept the goods. Delivery times given are only estimates and The
Company accepts or assumes no liability for delays in delivery however caused.
6.3 It is The Buyers responsibility to ensure all opening apertures are of a suitable size to accept the goods
ordered. The Company accepts no responsibility for the failure or negligence on behalf of the buyer to check that
all goods will fit into their premises. The Buyer expressly confirms that they have checked all the relevant access,
openings and dimensions and that they accept full responsibility in the event that the product does not fit into /
through any of these dimensions. In the event of items not being able to fit into / through available spaces, the
Company may, at their discretion, offer the Buyer the option of returning the goods if the goods are undamaged
and in their original condition, subject to a 25% restocking charge of the original sales price of the item(s)
concerned. All costs for returning the goods will be the responsibility of the Buyer. The Buyer is also responsible
for adequately insuring the goods during transit to the Company. The Company accept no liability whatsoever for
damage / loss of any goods in transit whilst being returned to them. This liability is solely with the Buyer.
6.4 It is the Buyer's responsibility to check the goods at the time of delivery. The Company accepts no
responsibility of alleged non-delivery, shortfall of goods, damage on delivery or other discrepancy unless
notification in writing is received within 24hours from the date and time of delivery. In absence of such notification
the buyer shall be deemed to have accepted the goods.
6.5 The Buyer must thoroughly check all goods received before signing the delivery note. If the delivery note is
signed and damage is subsequently found at a later date, the Company accept no responsibility for this as the
onus is on the Buyer to check the goods thoroughly upon delivery. If the goods cannot be checked upon receipt,
the Buyer can refuse the delivery. If the delivery is refused, it is possible to re-arrange delivery subject to additional
costs which must be borne by the Buyer. If the the Buyer cannot check the goods at the time of delivery, they must
sign the delivery note "damaged", otherwise no claim for damage will be entertained after unpacking of the goods.
This condition does not exclude point 6.4 whereby all claims for damage must be reported to The Company within
24 hours from the date and time of delivery. Claims for damage will not be entertained unless the drivers delivery docate states the word "damaged" or words to this effect
7. RETURNS
7.1 Goods dispatched to the buyer and subsequently accepted for cancellation by the company will be subject to
an abortive delivery charge.
7.2 Goods which have been incorrectly ordered will only be accepted for return with prior approval from The
Company. Goods may not be returned without prior authorization. Prior to return, a Goods Return Authorisation
Number (GRA Number) must be obtained from The Company. Cancellations are not accepted by phone, cancellation requests are only accepted by fax, email or by letter.
Such goods will only be accepted if they are correctly packed in the original undamaged packaging, with original
manuals and have not been used.
Customers are responsible for carriage costs and for ensuring goods are returned to the buyer in good condition in suitable packaging and for obtaining the necessary
proof of delivery and receipt.
7.3 Cancellation rights end seven working days of receipt of delivery.
8. WARRANTY
8.1 Unless otherwise stated, all goods come with a 12 months parts warranty. Certain items are subject to back to
base warranty / workshop warranty and this is indicated on the product text. Customers must use warranty
arrangements specifically provided.
8.2 Where back to base warranty is applicable, it is The Buyers responsibility to return the item to The Company
and to ensure the item is adequately packaged / protected if using 3rd party transport. The Company accepts no
responsibility whatsoever for damage to items during transit to or from our premises.
8.3 Warranty does not cover goods which have been
(i) misused
(ii) used for a purpose for which the manufacturer has not intended it to be used for
(iii) where maintenance requirements have not been adhered to.
(iv) subject to less than adequate cleaning and ventilation, where this will inhibit the performance of the machine.
(v) installed by anyone other than a certified trade professional relative to the item in question.
(vl) installed by anyone other than The Company's approved installers, if installation is included.
(vii) Installed without a water softener (All glass and dishwashers, coffee machines and Combi Ovens).
8.4 All claims for warranty will be actioned by The Company, but where the fault is through operator error, misuse,
lack of cleaning, non compliance with manufacturers instructions non professional installation, tampering with
the goods by an unauthorised person or any other issue not resulting from failure on behalf of any
manufacturers part , then the charge for the call out and any subsequent repair will be borne by The Buyer.
8.5 Warranty does not apply to a small number of machines marked 'no commercial warranty' which are suitable for
domestic use only and which must be returned to the manufacturer in the event of a breakdown. Machines
returned for repair in warranty where it is found that the machines has been abused or has not been used as the
machine was designed for will be charged for. This also applies where a machine has not been properly
maintained including cleaning and descaling where applicable. Machines returned for repair are not
reassembled if upon quotation you do not require the machine to be repaired. Loan machines are not available
8.6 The Company accepts no liability of whatever nature arising from as a result of any representations, breach of
contracts, late delivery of product, negligence or otherwise including but not limited to any liability for indirect or
consequential loss, or loss of profits, revenue, business or goodwill except for liability of death or personal injury
caused by The Company's negligence. All conditions, warranties, guarantees and representations, express or
implied, by statute, common law or otherwise in relation to the goods (other than the liability which The
Company is not permitted by law to exclude or restrict) are hereby excluded
8.7 Where stated, labour warranty is applicable for UK mainland only, warranty outside of UK mainland is parts only warranty
8.8 A labour & callout charge will be payable upfront by the customer for warranty service visits on new equipment. This charge is refunded by the company if the fault is a genuine warranty breakdown with the equipment. If the fault is deemed misuse or a non warranty breakdown, the charge will not be refunded.
9 LIABILITY
The Company accepts no liability of whatever nature arising from as a result of any representations, breach of
contracts, late delivery of product, negligence or otherwise including but not limited to any liability for indirect or
consequential loss, or loss of profits, revenue, business or goodwill except for liability of death or personal injury
caused by The Company's negligence. All conditions, warranties, guarantees and representations, express or
implied, by statute, common law or otherwise in relation to the goods (other than the liability which The Company is
not permitted by law to exclude or restrict) are hereby excluded
10 OUR LIABILITY
In so far as it is possible by applicable law, the Company expressly excludes liability for any claims, loss, demands
or damages of any kind whatsoever, with respect to use of The Company's website or any other brochure,
catalogue or literature produced by The Company or any misleading information or omissions it may contain,
including without limitation, direct, indirect, incidental or consequential loss or damages, whether arising from loss
of revenue, loss of data, loss of profits or otherwise. If you are a consumer your Statutory Rights, if any, are not
affected. Nothing in this clause is intended to exclude liability for death or personal injury arising from the
negligence of the Company or its employees or agents.
11 FORCE MAJEURE
Neither party shall be liable for any default due to any act of God, war, strike, lock out industrial action, fire or
other event beyond the reasonable control of either party.
12 LAW
All disputes arising of this contract shall be subject to the jurasdiction of the courts of England & Wales.
