Terms & Conditions

Welcome to our website; www.ascateringsupplies.com. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern A S Catering Supplies relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

It is important to understand that A S Catering Supplies Ltd only operate on a business to business basis and all visits to our site and any orders placed through it will be accepted on that basis.

The term “A S Catering Supplies” or “us” or “we” refers to the owner of the website whose registered office is c/o David Shore Accountants, 36a Station Road, New Milton, Hampshire, BH25 6JX. Our company registration number is 6549243 (Registered in England). The term “you” refers to the user or viewer of our website.

 

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: name, invoice & delivery address, contact details.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors or the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute or claim arising out of such use of the website is subject to English Law.

 

Definitions

  • “Buyer” means the person who accepts a quotation from the Company for the sale of Goods whose order for the Goods is accepted by the company.
  • “Company” means A S Catering Supplies Ltd.
  • “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing between the Company and the Buyer.
  • “Contract” means the contract for purchase and sale of the Goods.
  • “Delivery Date” means the date specified by the Company when goods are to be delivered.
  • * “Goods” means the articles, which the Buyer agrees to buy from the Company.
  • * “Price” means the price for the Goods, excluding transport, packing and insurance.

 

Your Status

By placing an order, you warrant that:

  • You are legally capable of entering into binding contracts on behalf of your company; [and]
  • You are at least 18 years old;
  • You are not resident in one of the restricted countries
  • You accept responsibility for ensuring that the goods ordered are the correct ones for your make, model and serial number of your machine(s). If in any doubt, please contact us rather than placing a web order.
  • You will ensure that all parts are fitted by qualified engineers according to the manufacturer’s instructions.

 

Price and Payment

Online payment will only be possible for supplies made to UK based customers – all other webs orders will be processed offline and payment details will be requested once the order has been quoted and confirmed. Payment for all Products may be by credit card, debit card, Cheque or bank transfer. We accept online payment with Visa, Mastercard, Visa Debit, Switch, Solo, Maestro, American Express and PayPal.

The price of any Products will be as quoted on our site from time to time or as subsequently advised following receipt of your offline order request, except in cases of obvious error.

These prices exclude VAT (where applicable) and delivery costs, which will be added to the total amount due as set out in our Delivery Guide. For sales outside of UK going to another EU country, VAT will be applied at the UK standard rate applicable at time of payment or dispatch whichever is the earlier. If you have a valid EU VAT Registration then supplies may be zero rated once the validity has been verified, if this applies then please place your order without making payment.

Prices are liable to change at any time, but changes will not affect orders where we have already sent you a Dispatch Confirmation.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.

Unless the sale is for cash or other credit terms have been agreed, all accounts are due for payment by the end of the following month from the date of invoice. Where applicable interest and compensation will be payable under the Late Payment of Commercial Debts (Interest) Act and where that enactment is inapplicable for any reason whatsoever interest will be payable as if the enactment were applicable and we reserve the right to withdraw credit facilities at any time.

Should default be made by the buyer in paying any sum due under any order as and when it becomes due or refusal on the part of the customer to take due delivery of any goods or in the case of death, incapacity, bankruptcy or insolvency of the customer or when the customer is a limited company in the case of liquidation or the appointment of a Receiver, then the purchase price of all goods invoiced and delivered by us to the customer to date shall immediately become due and payable from the customer to us. The seller shall have the right either to suspend all further deliveries until its default shall be made good or to cancel the order so far and goods remain to be delivered hereunder or continue delivery of goods at our option without prejudice to our right to recover any loss sustained.

Should it be necessary to forward an outstanding debt to a third-party debt collection agency, then (without prejudice) the customer will reimburse the Company all costs and expenses (including legal costs) incurred in the collection of any overdue amount. In the event of our commencing legal or insolvency proceedings for the recovery of monies owed to us the customer will indemnify us against all legal fees and costs and also pay to us a reasonable sum (at the rate of £75 per hour) to compensate us for the management and staff time taken in preparing for such proceedings or in the giving of instructions to those conducting the legal or insolvency proceedings.

The customer shall not be entitled to withhold payment of any amount payable under the agreement to us by any reason of any dispute or claim by the customer in connection with the agreement nor shall the customer be entitled to set off against any amount payable under the agreement to us in any amount which is not then due and payable by us for which we dispute liability.

Acceptance by us of your order is conditional upon acceptance by you of the following conditions which override all other terms or conditions inconsistent therewith, express, implied or otherwise. By accepting the delivery (or part delivery) of goods supplied by us you shall be deemed to have expressly ratified and confirmed the applicability of these conditions to the exclusion of all others. Any stipulation or conditions on a customer’s order form shall be deemed to be inapplicable to any order placed with us.

Any typographical, clerical or other error or omission in any sales literature, webs site, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without liability on the part of the Company.

Quotations may be withdrawn at any time before receipt of the customer’s acceptance and shall be deemed to be withdrawn if acceptance is not received within thirty days from the date of quotation.

All prices in respect of goods will be those ruling at the time of dispatch of the goods. Orders cancelled or changed after 3 days from order confirmation are subject to a 25% charge.

All quotations, offer prices and charges applicable hereunder are exclusive of Value Added Tax. VAT will be added to all invoices at the rate applying at the appropriate tax point.

The conditions shall be in respects governed by and constructed in accordance with English Law and all disputes shall be submitted to the jurisdiction of the English Courts.

All quotations made and orders accepted are subject to the company Conditions of Sale and no alterations shall take effect unless confirmed by us in writing. All other warranties, conditions or liabilities express or implied by law are herby expressly excluded so far as such exclusion is permitted under the terms of Supply of Goods (Implied Terms) Act 1973.

Delivery dates are estimates only and the time of delivery shall not be of the essence of the contract. We shall not in any event be liable to compensate the customer in damages or otherwise for any non-delivery of goods or from any loss consequential or otherwise arising therefrom.

Each part delivery or instalment of the goods shall be deemed sold under a separate contract and no default by the seller in respect of any part delivery or instalment shall entitle the buyer to treat the contract repudiated in regard to any balance or instalment delivered.

The customer shall inspect the goods immediately on delivery. The seller must be notified of any shortages or damage to the goods within 24 hours of delivery. No responsibility whatsoever for such shortages or damaged goods will be accepted by the seller in the event of the failure by the buyer to notify the seller within the said period, moreover the goods shall be deemed to have been delivered in accordance with the delivery documents.

Unless otherwise expressly agreed in writing our prices only cover delivery on normal working days and during normal working hours.

A S Catering Supplies Ltd item codes are of its own creation to avoid the implication that all parts supplied are sourced from the original equipment manufacturer.

 

Risk and Title

You will be responsible for the Products from the time they are delivered to you: the Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

The property and title to any goods shall not pass to the buyer until payment in full has been made. The goods shall be at the risk of the customer as from the time they are ready for delivery.

The customer shall if so required store, mark or designate all goods referred to so as to clearly show they are our property. If the customer defaults in prompt payment of any sum due to us we shall be entitled to repossess any goods which remain our property and the customer shall afford us access to and we shall be entitled to enter any premises in the occupation of the customer or to which he has access and where the goods may situate.

The customer shall not pledge or allow any lien or charge to arise over the goods or the documents of titled and will indemnify us against any encumbrances thereon.

 

Our Liability

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which the products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased (and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time of your order is accepted by us).

This does not include or limit in anyway our liability:

  • For death or personal injury caused by our negligence;
  • Under section 2(3) of the Consumer Protection Act 1987;
  • For fraud or fraudulent misrepresentation or;
  • For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage (and which are not foreseeable by you or us), including but not limited to:

  • Loss of income or revenue
  • Loss of business
  • Loss of profits or contracts
  • Loss of anticipated savings
  • Loss of data, or
  • Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise (even if foreseeable)

Save only to the extent prescribed by law, we shall not be responsible for damage, injury or loss of any kind whatsoever to any property or persons however arising from the use of goods 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 and the customer will indemnify us and hold us harmless against any claims of third parties in respect of such matter.

The seller cannot be held responsible for any loss or expense of whatever nature in respect of malfunction of any appliance or components, howsoever caused.

Without prejudice to the operation of any of these conditions where any goods are supplied that do not comply with the contract our total liability for all to you shall be limited and not exceed a sum equal to the contract price of the goods.

At our discretion we shall repair, replace or refund the price of any goods which we are satisfied were defective in material or workmanship at the time of delivery provided that written notice has been provided to us within 3 days of the date of delivery and the customer has not in any way dealt with the goods so as to result in their being any worse condition than when delivered.

 

Warranty

As standard, we will warrant for a period of 90-days from the date of delivery that the goods are free from material defect. We will replicate the warranty period offered by our suppliers so some parts may have a longer or shorter warranty period. Please check before ordering if you would like us to confirm a warranty period for a particular item.

If you believe that we have delivered goods that are defective in materials or workmanship, you must:

  • Inform us (in writing), with full details, within 24 hours if the defect is apparent on inspection or if not apparent, within a reasonable time; and
  • Allow us to investigate (we may need access to your premises and product samples)

If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions in full, we will (at our option) replace the goods or refund the price.

Any defects occurring as a result of improper use or unskilled installation cannot be recognized as legitimate complaints.

 

Events outside of our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks.
  • The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contact may be performed despite the Force Majeure Event.

 

Import Duty

If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

 

Written Communications and Notices

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by positing notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to us must be given to A S Catering Supplies Ltd. at info@ascateringsupplies.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

 

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contact, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

 

Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or

written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

 

Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you on the Products).

The conditions above can only be varied or dispensed with provided any variation or dispensation is in writing and signed by a Director of A S Catering Supplies Ltd.