Condition of Sale

Following conditions apply to all offers, price list, tenders, pro-forma invoices or invoices of sale of goods or services issued by Stephens Catering Equipment to the exclusion of any other terms and conditions except of specified on our quotations or otherwise agreed in writing.

1. Definitions

   1. “Buyer” means the person who agrees to buy the goods from the Company

   2. “Conditions” means the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Company in accordance with clause 2(b)

   3. “Contracts” means the contract between the Company and the Buyer for the sale of and purchase of goods in accordance with these conditions

   4. “Company” means Stephens Catering Equipment Company Limited of 205 Carnalbanagh Road, Broughshane, Co Antrim BT42 4NY, company registration number NI011092

   5. “Credit Check” means Company information (Name and Address of Sole Trader) is sent to an authorized Credit Check Facility / Finance House

   6. “Goods” means the goods which the Buyer agrees to buy from the company

   7. “Parties” means the Company and the Buyer

2. Conditions Applicable

   1. These conditions shall apply to all Contracts to the exclusion of all other terms and conditions including any terms and / or conditions which the Buyer may purport to apply under any quotation, confirmation of quotation or similar document or any course of dealing.

   2. Any variation of these Conditions (including any special terms and conditions agreed between the Parties) shall be inapplicable unless agreed in writing by the Company.

3. General

   1. All offers, unless otherwise stated remain valid for acceptance for 30 days or until previous revocation

   2. Acceptance must be made for goods specified by the Company. Drawings, dimensions and weights, catalogue and technical specification submitted with quotations are approximately only and do not constitute part of the contract nor constitute a “Sales by Description”

   3. An order must be accompanied by sufficient information to enable us to process the order forthwith including payment terms acceptable to us and confirmed in writing

   4. The Company reserves the right to refuse any order, and the Buyer will be informed in writing, no binding contract will deemed to have been created.

   5. Images are only for illustrative purposes and may not always fully reflect the product. Please refer to the product description.

4. Prices

   1. Errors and omissions are subject to correction

   2. All quotations and price lists show prices exclusive of VAT

   3. Prices do not include the cost of erection, installation & commissioning unless specifically stated. All installation works, whether included as part of the price quoted or as a separate quotation, will be undertaken only at the risk of customer.

5. Completion and Delivery

   1. Offer to supply goods from stock are subject to the materials remaining unsold upon receipt by the Company of a written order

   2. Any promise of delivery is given in good faith but the Company can accept no liability if the anticipated date of delivery is exceeded for any reason whatsoever.

   3. No guarantee as to the rate or time of delivery is given or may be implied although the Company will make every effort to deliver within any time which it may have stated. Delay in delivery does not give the Customer the right to cancel the order

   4. The Company shall be entitled:

      1. To suspend delivery under any contract and then to recommence or

      2. To cancel or rescind any contract without in any such case liability for loss or damage resulting wherefrom if the performance of its obligations under the contract are in any way adversely affected by any war, strike, lockout, trade dispute, flood, accident to plant and machinery, fire shortage of any material or labour, or any other cause whatsoever beyond the control of the company

6. Payment

   1. On contract work the Company reserve the right in accordance with trade custom, to require payment by installments as the work progresses based on the total contract price

   2. The Company will despatch goods to the buyer who do not have an account with the company only when the Company have received cash against pro-forma invoice, or when goods are delivered on a COD basis

   3. In respect of all other Buyers, unless otherwise expressly stated payment is due on or before the thirtieth day after the delivery of the contract item to the buyers

   4. If the Buyer for any reason shall fail to make payment in full in accordance with sub-paragraph (c) of this condition then (without prejudice to any other right of the company), notwithstanding 3(c)a.:

      1. The Company shall be entitled to suspend all or any other deliveries to be made under that or any other contract with the Buyer and in such event the Buyer shall not be released from his obligation to the Company under that or any other contract, nor shall the Company lose any rights of action or remedy which it may have against the Buyer in respect of that or any other contract.

      2. Overdue accounts may be subject to an interest charge of 2% per month from the date the payment becomes due from day to day until the date of the payment. Failing payment within Credit Terms the Company shall be entitled at their opinion to rescind the contract and repossess the goods or to take such other steps as the Company think fits. The customer shall not be entitled to retain the price or any portion thereof in respect of any alleged defects in the goods or in respect of any alleged counterclaim or set-of.

7. Title / Ownership

   1. Title / Ownership of goods shall not pass to the Buyer until these goods have been paid to the Company in full.

   2. The Buyer grants the Company an irrevocable licence to enter at any time any premises owned or occupied by the Buyer or in its possession for the purpose of repossessing and removing any such goods which remains the property of the Company under clause 7 (a).

8. Warranty: 12 months parts and labour for ROI & NI. Parts only will apply for certain products in Mainland UK. 

   1. Every effort is made to ensure sound materials and good workmanship but the company gives no warranty express or implied of the soundness of such materials or the quality of such workmanship or the fitness for any purpose whatsoever, whether such purpose was made known to the company or not

   2. In so far as goods manufactured are not manufactured by the company, the company accepts no liability for any defect alleged to be due to the manufacture but the company will afford the Buyer (without in any way admitting liability in respect of such manufacture) the benefit of any guarantee given to the company such manufacture in respect of such goods

   3. Where the company is satisfied that any goods or materials manufactured or supplied by it and paid for in full by the purchaser are defective it is prepared (without incurring any liability to do so) to make good any defective material without charge to the purchaser by rectification or (at the company discretion) by replacement provided that it has been notified of the defect within the period of twelve calendar months from the date of despatch from the company’s ware house of such goods or materials.

   4. Where the company supplies and installs spare parts, after initial twelve months warranty period, these spare parts shall be guaranteed for a period of six months and any labour charges incurred shall be at the expense of the Buyer.

9. Performance

   1. The company will accept no liability for failure to attain any performance figures quoted by them unless they have specifically guaranteed them, subject to any tolerances specified or agreed by them. Can accept no liability in respect of performance of specialist apparatus by other manufactures which is padded on by them in good faith.

10. Third Party Liability

    1. The Buyer shall be liable for any claim whether brought against the Buyer or against the company under the Statute or Common Law by any person arising from any cause other than the company’s negligence or that of its servants and the customer will indemnify them against any such claim and the cost of any legal proceeding.

11. Cancellation and Returns

    1. Standard items - the Buyer shall be liable for a cancellation charge by way of liquidated damages, 25% of trade price, after an order has been entered into the company’s books

    2. Special Items - once manufacture has commenced cancellation of items made, or ordered, to a buyers’ specific requirements would involve in addition to the cancellation charge, all manufacturing costs incurred up to the time of cancellation

    3. Deposit on special items (minimum 25%) - any deposit taken on a special item ordered and subsequently cancelled would be forfeited to the value of all costs incurred.

    4. Special order items and some Rational accessories are non returnable.

12. Loss or Damage to goods in transit

    1. When the price includes delivery the company will repair or replace free of charge goods or parts damaged in transit provided the company receives written notification of such damage within three days of delivery but not otherwise. Damage during unloading - when the price includes delivery, the company’s responsibility is with the arrival of the goods at the address designated by the terms of the contract and the company shall not be liable for any damage during unloading unless caused by the company personnel. A signature will be obtained at the time of delivery, and this shall be used as proof of delivery, whether the goods are examined or not.

13. Credit Check and Credit terms

    1. A Buyer who requests any supply of goods or services via a Works/Order confirmation or by any other means may be subject to credit check. The company reserves the right to cancel or refuse any order of goods or services in any circumstance where the company deems that the customer is not worthy of credit. Credit Terms can be withdrawn immediately where a customer has failed to comply with any terms and conditions

14. New Customers

    1. New customers are subject to the following terms on the Gross value of any new order. where the company has not requested payment in full up front the following terms may be offered: 25% on deposit, 50% on delivery,25% 30 days after the date of delivery