Terms and Conditions
“CEAR” refers to the Supplier and shall include any principal, agent, successor or assignee of the same and “the Customer” means the person, firm or company to whom a quotation is addressed or whose order is accepted by the Company and “the goods” means the goods the subject of such quotation or order.
All prices quoted by CEAR are based upon these Conditions of Sale and reflect the limitations upon CEAR’s liability which they contain. Should any Customer wish to contract with CEAR otherwise than on the terms of such Conditions of Sale special arrangements can be made and a revised price quoted by CEAR
In the absence of any such special arrangement (which shall not bind the Company unless made in writing and signed on CEAR’s behalf by a person duly authorised for that purpose) all quotations given and all contracts made by CEAR and any additions or amendments thereto shall be subject to these Conditions of Sale which supersede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.
No agent or salesman of CEAR has authority to give any guarantee or warranty on behalf of CEAR or to transact business other than on the (unamended) terms of these Conditions of Sale.
2. Limits of Contract
No binding contract is created until an order is accepted by CEAR and all prior correspondence or oral communications are to be regarded as superseded and not forming part of the contract. Prices quoted are subject to revision for errors and omissions at any time.
The term “agent” as applied to those persons, firms or companies either in the United Kingdom or elsewhere with whom CEAR has made arrangements for the sale of its goods in a nominal one and indicates only that they are local representatives appointed for the convenience of Customers and through whom enquiries or orders may be received and dealt with by CEAR. They are not authorised by CEAR to incur any liability, give any guarantee or warranty, make any representations or transact any business whatsoever on behalf of CEAR other than the offering for sale of CEAR’s goods upon the terms of these conditions.
The implied undertakings as to title etc. set out in Section 12 of the Sale of Goods Act 1979 shall be express terms of the contract between CEAR and the Customer.
a) Unless a quotation or tender has been submitted the price of the goods shall be the price ruling at the date of despatch notwithstanding any price specified in any order or order acceptance.
b) If a quotation or tender has been submitted by the Company it will accept orders which are received within the time limit specified therein at the price stated in that quotation or tender.
c) The price of the goods shall be subject to the addition of Value Added and other taxes and the cost of any special packing required by the Customer.
d) Any increase of costs or expenses arising from any act or omission or any special requirements of the Customer or any modifications made at the Customer’s request may, at CEAR’s option, be charged to the Customer.
e) Due to Cear catering equipment and repairincurring Credit Card Charges a 2% surcharge will be added to all Credit Card Transactions. Debit Cards – No Surcharge.
6. Variations to Specifications
CEAR reserves the right to constantly review its products and to alter and improve the specifications or dimensions of the components or materials used and to substitute other components or materials of a similar strength, specification, dimension or quality, either when the components or materials specified are not readily available or CEAR considers that the substituted components or materials are a reasonable alternative or improvement to the components or materials specified.
7. Shipping & Handling
a) New Equipment .Wherever possible ‘new’ appliances will be delivered direct from the equipment supplier, all items must be checked and signed for on delivery by a responsible person. Very occasionally an item may be damaged during transit, it is essential to check for damages prior to signing the delivery note. Please note any damages must be reported within 24hours of the delivery by telephone, and followed up in writing by email within 48hours stating the damage/defects of the item received from the carrier, we will not accept any claims made after this time. ( This does not affect your statutory rights). Standard UK delivery excludes Northern Ireland, Highlands, Isle of Man and Isle of Wight.
Customers are responsible for ensuring that products ordered will fit through doorways and into their premises. Cear catering equipment and repaircannot accept responsibility if it will not fit. Any carriage charges caused by an aborted delivery are the customers responsibility. Delivery does not include unpacking or positioning or assembling items.
b) Used Equipment. Delivery of equipment will be made to the ground floor entrance to the building. It does not include the negotiation of lifts or stairs.
Customers are responsible for ensuring equipment purchased will fit through doorways and into their premises. We cannot accept responsibility if it will not fit. Any carriage charges caused by an aborted delivery are the customers responsibility.
Delivery does not include unpacking, positioning or assembly of item.
Delivery charge is to mainland UK only (excluding some Scottish postcodes). Should you wish to bid on this item and live outside mainland UK or Scotland please enquire with regard to delivery charge. Please be sure to check goods for any damage before signing for them. We will not acccept damaged goods once the delivery note has been signed for. Items are shipped daily. Most UK orders arrive within 1-10 working days of the order being placed. We use various courier companies which are dependent on size and weight of item. Please ensure there is adequate access for larger items as we cannot be held responsible if items are too large for access. Please note that our couriers cannot take large or heavy items into your premises, they will take them as close as possible to your door.
8. Loss or Damage in Transit
a) CEAR shall not in any event be liable for any loss of or damage to the goods whilst in transit unless written notice thereof is given to the Company by the Customer (a) in the case of loss from or damage to goods delivered to the Customer within 3 days of the date of delivery and in addition the Customer must indicate in writing on CEAR’s copy of the delivery note, the nature of the loss or damage complained of or (b) in writing on the Company’s copy of the delivery note the nature of the loss or damage complained of or (c) in the case of goods not delivered within 7 days of the date upon which the Customer is notified that the goods have been consigned for delivery. Provided that if the Customer proves (i) that it was not reasonably possible for him to give such notice to CEAR within the appropriate period and (ii) that notice was given within a reasonable time CEAR shall not be entitled to rely on the time limits stipulated by this Condition.
b) CEAR shall not in any event be liable for any loss of or damage to the goods where the goods are transported by an outside freight carrier unless the Customer has complied in all respects with the freight carrier’s conditions of carriage for notifying claims for loss or damage in transit.
c) Any liability which CEAR may incur for loss of or damage to the goods whilst in transit shall in no case exceed the invoice value of the goods and in no circumstances shall CEAR be liable for any indirect or consequential loss however caused.
9. Passing of Property (Retention of Title)
1) The goods shall remain the sole and absolute property of CEAR until such time as the Customer shall have paid to CEAR, the agreed price together with the full price of any other goods the subject of any other contract with CEAR.
2) The Customer acknowledges that the Customer is in possession of goods solely as bailee for CEAR until such time as the full price thereof is paid to CEAR together with the full price of any other goods the subject of any other contract with CEAR.
3) Until such a time as the Customer becomes owner of the goods, the Customer will store them on his premises separately from the Customer’s own goods or those of any other person and in a manner which makes them readily identifiable as the goods of CEAR.
4) The Customer’s right to possession of the goods shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a Company does anything or fails to do anything which would entitle a Receiver to take possession of any assets or which would enable any person to present a petition for winding-up. CEAR may for the purpose or recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
5) Subject to the terms hereof the Customer is licensed by CEAR to agree to sell CEAR’s goods, subject to the express condition that such an agreement to sell shall take place as agents and bailees for CEAR whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for CEAR and are not mingled with other monies and shall at all times be identifiable as CEAR’s monies.
6) If the Customer has not received the proceeds of any such sale, he will upon being called upon so to do by CEAR, within seven days thereof assign to CEAR all rights against the person or persons to whom the Customer has supplied the goods.
10. Suspension or Cancellation of deliveries
1) If the Customer shall fail to pay to CEAR on the due date any sum payable hereunder, or shall have a receiving order in bankruptcy made against him, or make any arrangement with his creditors, or being a body corporate shall have a receiver appointed or if any order shall be made or any resolution passed for winding-up the same, CEAR may, without prejudice to its other rights, demand immediate payment by the Customer of all unpaid accounts and suspend further deliveries and cancel this and any other contract between the Company and the Customer without any liability attaching to CEAR in respect of such suspension or cancellation and debit the Customer with any loss sustained thereby.
2) If the Customer cancels his order CEAR shall be entitled to recover any loss sustained thereby from him. Including equipment returned to the company by the customer which is not used by the customer changing his requirements and specification.
Where equipment is returned by the customer either:
3) The full payment of the equipment where the manufacturer will not accept the return of goods, will be due to CEAR or
4) A manufacturing re-stocking charge will be payable, with the charge of the manufacturers charge applicable. A minimum 25% pre-stocking charge would apply.
11. Exclusion of Liability
1) CEAR’s guarantee is provided by CEAR and accepted by the Customer in substitution for all express or implied representations conditions and warranties statutory or otherwise as to (a) the state, quality, fitness for purpose or performance of the goods and (b) the standard of CEARs workmanship and the state, quality, fitness or performance of any materials used in connection therewith all such representations, conditions and warranties are hereby expressly excluded.
2) Except for any liability which it may incur for death or personal injury resulting from negligence CEAR shall not be liable in any manner whatsoever whether in contract, in tort, in misrepresentation or otherwise for any consequential or other loss, damage or injury however caused which may arise out of or in connection with the supply of goods to or the execution of any work for the Customer (including goods supplied and work executed under the said guarantee).
12. Operational Ambients
All refrigeration equipment would be suitable for operation in a maximum ambient temperature of 27°c (unless manufactures literature states a high ambient of + 43°c).
CEAR shall have a general lien in respect of all sums due from the Customer upon all goods to be supplied to such customer or upon which work has been done on the Customer’s behalf and, upon 14 days written notice to the Customer, may sell such goods and apply the proceeds towards to satisfaction of the sums due to CEAR.
14. Force Majeure
If the performance of the contract by CEAR shall be delayed by any circumstances or conditions beyond the control of CEAR CEAR shall have the right at its option (a) to suspend further performance of the contract until such time as the cause of the delay shall no longer be present (b) to be discharged from further performance of and liability under the contract and if CEAR exercises such right the Customer shall thereupon the contract price less a reasonable allowance for what has not been performed by CEAR.
If any condition herein shall be deemed void for any reason whatsoever, but would be valid it part of the wording thereof were to be deleted any such condition shall apply with such modifications as may be necessary to make it valid and effective.
16. Deals As Consumer
Nothing in these Conditions shall affect the statutory rights of a Customer who in relation to CEAR “deals as consumer” as defined in section 12 of the Unfair Contract Terms Act 1977 or any amendment or modification thereof. Items sold via an ‘auction site’ e.g. eBay will be subject to the terms and condition advertised on the auction site.
17. Legal Construction
This contract shall be construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.
18. Contents/Food Insurance
This is the responsibility of the user and is not covered by Cear catering equipment and repairLtd.
New Equipment.CEAR undertakes to repair or replace any equipment sold as ‘new’, at the option of CEAR, any goods which are shown to be defective in materials or workmanship within twelve months of delivery.
2) Provided that CEAR shall be under no liability under the said guarantee if (a) the Customer has not paid in full for the goods or
(b) the Customer has executed or attempted to execute repairs or alterations to the goods which are not authorised by CEAR or has failed in any other respect to adhere strictly to the terms hereof or CEAR has not been notified of any defect within one month of the defect becoming apparent.
3) Equipment must be regularly maintained to manufacturer’s recommendations to qualify for warranty. Any faults found to be caused through misuse or abuse of equipment, or lack of necessary maintenance will be charged at the normal rate. This warranty applies unless otherwise special circumstances are stated.
4) The standard or any extended warranty is not transferable.
5) The warranty will be covered by the equipment manufacturers engineers. Any repair work carried out by non approved engineers or staff not authorised by Cear catering equipment and repairor the equipment manufacturer will void the appliances warranty.
If the item is sold as ‘used’ we do not offer a warranty, however any item can be returned within 7 days for a full purchase refund if you are dissatisfied with the item, but we must be notified within 24 hours of receiving the goods (e-mail or telephone). Refunds will be made (excluding carriage) as long as the product is returned in its original condition and has not been used in any way.
1) CEAR shall in such circumstances be entitled as its option and without prejudice to all its other rights either to hold further deliveries and suspend work/warranty work under the contract or under any other contracts between CEAR and the customer until payment has been made or the breach has been rectified or to determine the Contract and such other contracts with the Customer forthwith by notice in writing and to recover the full price of all equipment already delivered and/or work done by CEAR under the contract or under such other contracts and any sums due or payable from the Customer on account thereof which shall in such circumstances immediately become due and payable by the customer together with where applicable a sum equal to CEARs loss or profit arising out of the exercise by CEAR of its right of determination.
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