1) Please Read our full Terms & Conditions before you place your order.
- These terms and conditions apply to all contracts for the sale of goods or supply of services between White’s Foodservice Equipment Ltd. and customers and set out the basis upon which White’s Foodservice Equipment Ltd. agrees to sell goods or supply services to customers. By placing your order you will be deemed to have read and accepted these terms and conditions and to be making an offer to purchase the goods or services subject to these terms and conditions.
- These terms and conditions apply to all contracts for the sale of goods or supply of services by White’s Foodservice Equipment Ltd. to the exclusion of all and any other terms and conditions or representations including any verbal or written terms or conditions or representations however and by whomsoever made and supersede any other verbal or written terms and conditions or representations.
2) Ordering & Prices
- All charges and prices will be subject to vat at the prevailing rate. A vat invoice will be provided via delivery email or Royal Mail. All such prices are subject to alteration without prior notice and all orders are accepted on the understanding that they will be invoiced at prices ruling at the day of despatch. The customer will pay the price as so invoiced.
- Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case the company shall be under no obligation to honour the incorrect price or order. No verbal quotation or estimate will be binding on White’s Foodservice Equipment Ltd.
- All goods displayed in our showrooms, brochures or on our website are subject to availability. If the goods you require are out of stock or are no longer available we may suggest alternatives.
- We will require payment in full before we will despatch your order. We will accept payments made by Visa, Mastercard, Delta/Connect, Switch or Amex. Payments made by Credit Cards may be subject to a 2.5% surcharge. Goods paid for by cheque will be dispatched as soon as the cheque has cleared into our account. Goods paid for by BACS or CHAPS will be despatched when the payment reaches our account.
5) Delivery: Goods must be fully checked atthe time of Delivery and signed accordingly.
- Our Standard Delivery times are 3-5 days, although Most of our deliveries can be made on the next working day basis upon request. Sometimes these are at extra cost. Whilst we will always do our best to ensure that deliveries take place within a reasonable period of time and within the time scale specified, a delay may sometimes occur which is entirely beyond our control. You are not entitled to cancel the order because of a delay in delivery unless the delay has been protracted and unreasonable.
- All goods may be subject to a delivery charge and will be delivered to the address given at the time of ordering. Any change to the delivery address may result in a delay in delivery and an administration charge.
- It is your responsibility to ensure that someone is available to accept delivery of the goods at the agreed delivery period. If the goods cannot be delivered you will be charged a re-delivery fee, or the order will be cancelled and refunded, minus first delivery attempt charge.
- All deliveries are one man deliveries to ground floor level UK mainland addresses and the goods will be delivered to the outside of the delivery address only. All delivery charges are calculated on this basis. If you have any requirements over and above this you must notify us when you place your order and additional charges may be applicable.
- It is your responsibility to ensure that the goods will fit the delivery premises and to check the dimensions of the delivery address for access, including all doors, corridors, stairs and corners. White’s Foodservice Equipment Ltd. will not accept any responsibility for any loss or damage due to inaccessibility or failure of the delivery.
- You must unpack the goods and inspect them before the delivery is completed and the driver leaves. If there is any damage to the goods or there are any missing parts or the goods supplied are not in accordance with your order you must make a note of this on the delivery note and you must also notify us immediately. You are not entitled to refuse the delivery on the grounds that part of the order is missing or is incorrect. In the absence of any comment on the delivery note it will be deemed that the goods were delivered in satisfactory condition and in accordance with your order.
- You must not use, fit or install any damaged or incorrectly supplied goods whether notified to us or not. If you do, you will be deemed to have accepted the goods and White’s Foodservice Equipment Ltd will accept no further responsibility in relation to such goods. White’s Foodservice Equipment Ltd. will give no warranty in respect of any damaged or incorrectly supplied goods which are used or installed by you.
- We strongly advise that you should not book fitters or installers to begin work until after the goods have been delivered and inspected by you.
- White’s Foodservice Equipment Ltd cannot accept any responsibility for any loss or damage as a result of late or delayed delivery of the goods.
- Risk in the goods passes to you on delivery and it is your responsibility to insure the goods from then.
Goods are not sold on a trial basis. Customers should check specifications and suitability before ordering.
White's Foodservice Equipment Ltd. does not warrant the suitability of goods for specific applications.
Goods supplied to you by special order, that are not listed in our catalogue or website, may not be returned unless they are faulty or damaged on delivery.
Goods which have been incorrectly ordered or are unsuitable will only be accepted for return with prior approval from White’s Foodservice Equipment Ltd. Returned goods will only be accepted within 14 days of delivery, if they are correctly packed in the original packaging, with original manuals and have not been used. A restocking charge of 25% will be levied on all such goods. Any refunds necessary will be processed within 7 working days. All refunds are at the discretion of White’s Foodservice Equipment Ltd.
Goods may not be returned without prior authorisation and a Goods Return Authorisation number from White’s Foodservice Equipment Ltd. This can be obtained by contacting our customer service team on 01527 528841.
Customers are responsible for returning goods, ensuring returned goods are suitably packed and obtaining necessary proof of delivery and receipt.
(a) Goods sold in the mainland UK will be supplied with a minimum of 12 months parts only warranty.
(b) Should a unit have a manufacturing defect this will be covered under the manufacturer’s warranty. This warranty does not cover breakdowns which have been caused by misuse. Should a service engineer be called-out, and no fault is found, then the purchaser will remain liable for the full cost of call out and any labour hours incurred. The company will not accept any responsibility for call out charges where the engineer call out is deemed no fault is found. The company will not under any circumstance accept of responsibility for any loss of goods, trade or product or any other consequences which may arise as a result in a defective unit.
(d) All warranty call outs must be carried out by the company or the manufacturer’s engineers. Any work carried out by anyone that is not authorised by the company will immediately invalidate the warranty. The company will not accept any charges for the call out, unless it’s our authorised engineer.
(e) The warranty is non-transferrable, and is personal to the original purchaser only.
(f) The warranty does not cover glass, gaskets, lights, fuses, handles or hinges.
8) Retention of Title
- Notwithstanding that the goods have been delivered and accepted by you the ownership or legal title to the goods will not pass to you until you have paid in full for the goods supplied and there are no other sums of money due from you to White’s Foodservice Equipment Ltd Until this time you will store or mark or keep the goods supplied in such a way as to make them clearly identifiable as our property.
- Until such time as all sums due to White’s Foodservice Equipment Ltd have been paid in full you will at our request deliver up the goods and you acknowledge that White’s Foodservice Equipment Ltd will be entitled to enter any premises owned or occupied or controlled by you where the goods are situated for the purpose of recovering and repossessing the goods.
9) Suitability of the Goods
- Goods are not supplied on a trial basis. It is your responsibility to ensure that the goods that you order are suitable for your requirements and the purpose for which you intend to use them before you place your order. It is your responsibility to ensure that drainage and all power supplies and connections are appropriate for the goods supplied and that water softeners are fitted in hard water areas. All gas powered goods must be fitted by a GAS SAFE approved fitter and all electrical goods by a qualified fitter. White’s Foodservice Equipment Ltd will accept no liability for damage to goods or any other liability or loss caused by incorrect fitting or installation.
- We take all reasonable care to ensure that all descriptions, details and specifications are accurate. However, all sizes, colours, dimensions and measurements should be treated as being approximate, full detailed specifications are available on request.
10) Governing Law
- This contract is subject to the law of England and Wales and is subject to the jurisdiction of the courts of England and Wales.
- If you are dealing in the capacity of a consumer these terms and conditions will not affect your statutory rights.
- White’s Foodservice Equipment Ltd will have no liability to you for any failure in supply or delivery of goods or services that is caused by any event or circumstance that is beyond our reasonable control including but without limitation war, flood, fire, industrial action or disputes.
White’s Foodservice Equipment Ltd Conditions of Trading – May 2016
Quotations are issued and orders are accepted on the following conditions in which White’s Foodservice Equipment Ltd is referred to as ‘Seller’
CONDITIONS OF TRADING:-
- The property in any goods shall not pass to the Buyer until payment in full has been made, but nevertheless from the time of delivery thereof the risk of any loss or damage to or deterioration of the goods from whatever cause be borne by the Buyer.
2. No warranty condition, description or representation on the part of the Seller is given or implied from anything said or written between the parties or their representatives prior to the agreement for sale and any statutory or other warranty condition or description expressed or implied as to the state or fitness of the goods sold is hereby expressly excluded. The Seller however agrees to assign to the Buyer benefit of any claims or rights which it may have against other parties from which it has obtained goods which it resells to the Buyer.
3. The Seller shall not in any circumstances be liable for any failure or delay and/or any consequential loss incurred on goods delivered howsoever caused.
4. If the Buyer does not have an authorised credit account with the Seller, unless otherwise agreed in writing by the Seller, payment of the Price and VAT shall be due on or before the last day of the month after the month of delivery of the Goods. Time for payment shall be of the essence. Interest on overdue payments shall accrue from the date when payment becomes due from day to day until the date of cleared payment at a rate of 2% above Royal Bank of Scotland Plc’s base rate from time to time and shall accrue at such after, as well as before, any judgement.
5. Each part delivery or instalment of the goods shall be deemed to be sold under a separate contract and no default by the Company in respect of any part delivery of instalment shall entitle the Buyer to treat the contract repudiated in regard to any balance or instalment remaining deliverable.
6. Should default be made by the Buyer in paying any sum due under any order as and when it becomes due the Seller shall have the right either to suspend all further deliveries until its default shall be made good or to cancel the order as far as any goods remain to be delivered thereunder.
7. All prices in respect of goods will be those ruling at the date of despatch of the goods.
8. The Seller reserves the right to subcontract in fulfilment of the order or any part thereof.
9. Orders cancelled or changed after manufacture has begun are subject to a 25% charge.
10. No return can be accepted without prior written approval.
11. There is a 25% restocking charge on all returned items. In addition, freight must be prepaid to our warehouse. No goods can be returned later than within 7 days of purchase.
12. These conditions shall override any terms or conditions stipulated, incorporated or referred to by the Buyer in any circumstances.
13. We shall not be responsible for damage, injury or loss of any kind whatsoever to any person property or persons howsoever arising from the goods or otherwise in connection with the installation or erection of the same. Nor shall we be responsible for any additional risks which the customer’s Insurance Company may consider to have been undertaken by reason of the delivery, installation or use of the goods supplied.
14. The seller cannot be held responsible for any consequential loss in respect of breakdown or malfunction or any appliance or components, howsoever caused.
15. The Seller must be notified in writing of any shortages in, or damaged goods delivered within three days of delivery. No responsibility whatsoever for such shortages or damaged goods will be accepted by the Seller in the event of failure by the Buyer to notify the Seller of same within the said period of 24 hours.
16. Delivery periods and dates are given in good faith, but are not the subject of any warranty or condition, and time shall not be of the essence of the contract in these respects. No liability will attach to the Seller if delivery periods or dates are not met for any reason whatsoever.
17. If you have ordered goods from our website which have not been customised specially for you, you may return them for a full refund (for the goods value excluding postage and packaging charge) within seven working days provided that the goods have not been opened and are in their original packaging.
18. No order received from a customer by the Company and no purported variation of these terms shall constitute a contract until accepted in writing by the Company. The company reserves the right to refuse any order, including subsequent to the sending of an order acknowledgement email.
19. These conditions shall in all respects be governed by any construed in accordance with English Law.
All equipment is sold with an agreed level of Warranty Service. “Parts Warranty” is in accordance with the manufacturers warranty certificate and conditions supplied with the equipment unless otherwise stated. All warranty cover is to be limited to one year from the date of installation. This warranty does not extend to normal maintenance items including but not limited to lubrication, adjustment of air flows, some air and gas mixture adjustments, pilot flame adjustment, door mechanisms, replacement of timers, light bulbs, fuses, tightening of screws and fasteners. Warranty will be invalidated and/or become chargeable if any problem is due to user damage or abuse, water damage (cleaning or otherwise), damage due to fire, incorrect installation, gas or electric supply problems or insufficient extraction or make-up air. Any repairs or replacements of defective parts shall be performed by Seller’s authorised service personnel. Seller shall not be responsible for and costs incurred if the work is performed by other than Seller’s authorised personnel.
Seller shall not be liable for consequential damages of any kind which occur during the course of the installation of equipment, or which result from the use or misuse by Buyer, its employees or other of the equipment supplied hereunder, and Buyer’s sole and exclusive remedy against Seller for any breach of the foregoing warranty or otherwise shall be for the repair or replacement of the equipment or parts thereof affected by such breach. The foregoing warranty shall be valid and binding upon Seller if and only if Buyer loads, operates and maintains the equipment supplied hereunder in accordance with the instruction manual provided to Buyer. Seller does not guarantee the process of manufacture by Buyer or the quality of product to be produced by the equipment supplied hereunder and Seller shall not be liable for any prospective or loss profits of Buyer.
The foregoing warranty is exclusive and in lieu of all other express and implied warranties whatsoever. Specifically there are no implied warranties of merchantability or of fitness for a particular purpose. The warranty service given on equipment is normally Level II to end users and Level I to distributors who purchase goods with the expressed purpose of selling it on to other users. Other warranty levels are subject to negotiation.
WARRANTY LEVEL I – 12 MONTHS PART ONLY
Subject to the correct and proper installation and use of the equipment and stated general conditions, all parts are guaranteed for a period of twelve months with the exception of the following: Ceramic stone baking decks are the responsibility of the purchaser; All removable parts in Chargrills including but not limited to, burners, grates, radiants, stones and valves are warranted for a period of six months. Replacement parts will be invoiced on despatch and credited upon receipt of the faulty items at the Seller’s premises. Seller will use standard next day courier service. Any additional service shall be paid for by the purchaser. Defective thermostats and automatic safety valves covered under this warranty must be returned, carriage paid with capillary tubes intact or no credit will be allowed.
WARRANTY LEVEL II – 12 MONTHS PARTS AND LABOUR
Parts warranty as covered in Level I with the addition of labour under the following conditions:-
- All warranty service carried out Monday – Friday 9.00 a.m. – 5.00 p.m. Requests for work outside these hours will be chargeable at the difference between engineers normal and outside applicable costs.
2. Standard response time for warranty service attendance is 48 hours. Calls received after 11.00 a.m. are classed as the following day. Emergency service may be arranged on request and chargeable at the difference in cost.
3. All service calls deemed to be operational problems, i.e., the equipment is in correct working order and no fault is found, will be charged for. See General Conditions for more specific reference.
4. All time spent waiting to access premises where a prior arrangement has been breached and/or call abandoned to Buyer’s failure to attend will be charged for.
The foregoing warranty shall be valid and binding upon Seller if and only if Buyer loads, operates and maintains the equipment supplied hereunder in accordance with the instruction manual provided to Buyer. Seller does not guarantee the process of manufacture by Buyer or quality of product to be produced by the equipment supplied hereunder and shall not be liable for any prospective or lost profits of Buyer.