General Terms & Conditions of Sale
- Restaurant Projects Ltd are suppliers of commercial kitchen and bar fabrications, ventilation and catering equipment and services to commercial customers and all sales are considered a business to business contract.
1.1 These terms and conditions apply to all contracts for the sale of goods or supply of services between Restaurant Projects Ltd (“Restaurant Projects Ltd”) and our customers and set out the basis upon which Restaurant Projects Ltd agrees to sell goods or supply services to our customers. You should read these terms and conditions carefully before you place your order. 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.
1.2. These terms and conditions apply to all contracts for the sale of goods or supply of services by Restaurant Projects 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.
2.1. By placing your order you accept that these terms and conditions apply. Sometimes due to factors beyond our control such as for example, foreign exchange fluctuations, changes in taxes and duties or increased labour or manufacturing charges, the price given on our website or in our brochures may change before the goods are dispatched to you. If this happens we will contact you and advise you of the price whereby you may cancel the order if you wish to do so. No verbal quotation or estimate will be binding on Restaurant Projects Ltd. All charges and prices will be subject to vat at the prevailing rate. A vat invoice will be provided on request.
3.1. 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.
4.1. We will require payment in full before we will dispatch your order. We will accept payments made by BACS or CHAPS payment. Card payments is also available. Please contact the office for more details. Authorised credit accounts must be paid within 30 days of invoice.
4.2. Interest on outstanding overdue invoices will be charged from the date of the invoice (authorised account holders only, 14 days after the date of the invoice) to the date of payment in full of the amount charged plus delivery charges where applicable and any outstanding vat at the rate of 8% above the base rate from time to time of HSBC PLC. Interest will run up to and will continue to run from the date of any judgement until payment is received in full.
5.1. Most of our deliveries can be made on the next working day after ordering. 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.
5.2. 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.
5.3. 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 may be charged a re-delivery fee.
5.4. 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.
5.5. 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. Restaurant Projects Ltd will not accept any responsibility for any loss or damage due to inaccessibility or failure of the delivery.
5.6. 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.
5.7. 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 Restaurant Projects Ltd will accept no further responsibility in relation to such goods. Restaurant Projects Ltd will give no warranty in respect of any damaged or incorrectly supplied goods which are used or installed by you.
5.8. 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.
5.9. Restaurant Projects Ltd cannot accept any responsibility for any loss or damage as a result of late or delayed delivery of the goods.
5.10. Risk in the goods passes to you on delivery and it is your responsibility to insure the goods from then. Customer Signature: Date: Terms and Conditions
- Unwanted goods
6.1. Restaurant Projects Ltd are not under any obligation to accept returns of unwanted or unsuitable goods and will only do so in their absolute discretion. In any event returned goods will not be accepted unless they are unused and undamaged and in the original packaging. The goods must be returned complete with all parts, components, accessories and manuals. You will be charged the cost of replacing any missing items or repairing any damage.
6.2. A collection charge will be made which will not be less than the cost of delivery of the goods. You will also be charged a restocking fee of 25% of the invoiced amount of the returned goods plus vat. Specially ordered or bespoke goods may be subject to additional charges at Restaurant Projects Ltd’s discretion. This is because it is unlikely that we will be able to sell the goods to another buyer at full price. Refunds will only be paid after Restaurant Projects Ltd have inspected the returned goods and after deduction of collection and restocking charges and the cost of repairing any damage or replacing missing items.
7.1. Warranties are available for all goods supplied to UK mainland addresses and will be the warranty selected by you at the point of ordering. No other warranty will be given. No warranty will be given for refurbished or second hand goods unless this is specifically confirmed in writing at the point of ordering. Any warranty will only be valid from the date of delivery and provided that the goods have been installed, serviced and maintained in accordance with the manufacturer’s specification and used in accordance with the manufacturer’s instructions. When a product is sold with a “back to base” warranty it is the responsibility of the customer to return the goods at their own expense.
7.2. Any warranty does not cover normal wear and tear or where the goods have not been used for the purpose for which they were intended by the manufacturer.
7.3. Restaurant Projects Ltd guarantees all goods supplied to UK mainland addresses (except refurbished or second hand goods in respect of which there is no warranty unless this is confirmed in writing) against defective parts and workmanship for a period of 12 months (or such period as is confirmed in writing by us) from the date of delivery provided that the goods have been installed, serviced and maintained in accordance with the manufacturer’s specification and used in accordance with the manufacturer’s instructions. When a product is sold with a “Back to Base” warranty it is the responsibility of the customer to return the equipment to Restaurant Projects Ltd. If the equipment is found to be covered under warranty, subject to the applicable terms & conditions, Restaurant Projects Ltd will arrange for the equipment to be repaired and returned.
7.4. This warranty does not cover normal wear and tear or where the goods have not been used for the purpose for which they were intended by the manufacturer. This warranty will not apply if the goods have been altered, damaged, misused or disassembled or if any of the seals have been broken or tampered with or where the goods have been damaged by smoke, fire or water. This warranty will also be void if the breakdown is due to limescale.
7.5. Unless otherwise stated, Ex display and second hand or refurbished goods are sold as seen and no warranty in respect of such goods (if given) will extend to scratches, dents, corrosion or colour fluctuations.
7.6. Warranty Inspections In the event of a failure or breakdown of the goods supplied within the warranty period you must inform us as soon as you become aware of the defect or failure and in any event before the expiry of the warranty period. Restaurant Projects Ltd will not accept responsibility for any defect or failure of the goods notified after the expiry of the warranty period whenever the defect or failure occurred.
7.7. Restaurant Projects Ltd will arrange for our authorised engineer to inspect the goods within 14 days of notification. Inspections will take place between the hours of 9.00am and 5.00pm Monday to Friday only.
7.8. Our authorised engineer will advise you whether or not the defect or failure notified falls under the terms of this warranty. If the defect or failure does not fall within the terms of this warranty you will be invoiced by us for our authorised engineer’s call out fee. If you then instruct our authorised engineer to carry out the repairs advised you will be responsible for the payment of the authorised engineer’s fee and in addition all charges for parts and labour. Restaurant Projects Ltd will not accept any responsibility for the costs of any repairs not covered by the terms of this warranty.
7.9. We reserve the right to require a debit or credit card or other payment in advance before arranging a warranty inspection. The payment will be refunded if the fault is covered by the warranty but we will retain the payment if the fault or defect is not covered by warranty or the fault has been caused by incorrect installation, damage, misuse or lack of maintenance including descaling and cleaning.
7.10. If the defect or failure of the goods falls within the terms of this warranty we will repair the goods or replace them at our discretion.
7.11. All inspections and repairs carried out during the warranty period must be carried out by an engineer authorised by us. Any work carried out by anyone other than an authorised engineer will immediately invalidate this warranty whether or not the fault or defect would otherwise be covered by the terms of this warranty and Restaurant Projects Ltd will accept no responsibility in respect of any charges for labour, parts or repairs carried out by anyone other than our authorised engineer.
7.12. This warranty is personal to the original purchaser of the goods and is not transferable.
7.13. Restaurant Projects Ltd will not under any circumstances accept any liability or responsibility for any loss of goods, trade, product or any other consequential loss which might arise out of or as a result of any defect or failure of the goods supplied.
7.14. Restaurant Projects Ltd will not under any circumstances accept any liability for call out charges or for charges for repairs where no fault has been found with the goods supplied or where the fault is not covered by this warranty or where the call out charge or repair charges are submitted by anyone other than our authorised engineer.
7.15. Nothing in this warranty will serve to increase or extend the warranty given to Restaurant Projects Ltd by the manufacturer of the goods supplied and Restaurant Projects Ltd’s liability under this warranty is limited in scope and extent to the terms of the warranty given to us by the manufacturer of the goods supplied.
7.16. Warranties for gas powered goods installed into a mobile catering outlet, such as, but not limited to, a catering trailer are supplied on a parts only basis.
- Retention of Title
8.1. 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 Restaurant Projects 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.
8.2. Until such time as all sums due to Restaurant Projects Ltd have been paid in full you will at Restaurant Projects Ltd’s request deliver up the goods and you acknowledge that Restaurant Projects 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.
- Suitability of the Goods
9.1. 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. Restaurant Projects Ltd will accept no liability for damage to goods or any other liability or loss caused by incorrect fitting or installation.
9.2. 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.
- Governing Law
10.1. This contract is subject to the law of England and Wales and is subject to the jurisdiction of the courts of England and Wales.
10.2. If you are dealing in the capacity of a consumer these terms and conditions will not affect your statutory rights.
10.3. Restaurant Projects 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
KB-v3 Jan 2020