The Seller referred to is G W Refrigeration and the Customer is the person, firm or company contracting with the Seller whether verbally or in writing. “The Goods” means the Goods supplied by the Seller to the Customer.
Prices and Publications
Notwithstanding any offer, quotation, tender or price list, orders can only be accepted at prices ruling date of dispatch. The Seller reserves the right to amend prices without notice. Prices do not include Value Added Tax but do include delivery to UK Mainland. Carriage charges will be payable for deliveries elsewhere. Although we endeavour to be as accurate as possible in our publications with regards to price, description, measurement or specification of goods or services information cannot be guaranteed due to manufacturers revisions. Such information is given by way of identification or illustration only and the use of such description shall not constitute any contract as sale by description. Where any such details are important the Customer should verify these details before placing the order. It is the Customers responsibility to confirm that all goods comply with the local bylaws and/or regulations. Clerical errors and omissions are subject to correction without notice.
Payment
Payment for the goods should be made by either credit or debit card via our company website. Our prices include delivery to mainland UK. Other destinations may be subject to an additional charge. Please email Seller for details.
Passing of Property in Goods
Any goods or products delivered by the seller or its agents to the customer or his servant agent or nominee shall remain (save as regards risk thereto) the property of the seller until all invoices statements or accounts of the seller rendered buy the seller to the customer or his servant agent or nominee have been discharged in full. In the event of default or delay in payment howsoever arising the Seller shall be entitled to demand the return of the foods which shall be forthwith delivered up to the Seller.
Cancellation and Restocking
Orders can only be cancelled by the customer, subject to any charges deemed necessary by the Seller, at the Sellers absolute discretion. No cancellation can be accepted or refunds offered for goods specifically ordered or fabricated for the customer.
Goods dispatched to the customer and subsequently accepted for cancellation by the Seller may be subject to an abortive delivery charge as well as any cancellation charged deemed necessary by the Seller. The Seller at its absolute discretion may agree to the return of Goods by the Customer provided that the Goods are returned at the Customers expense, in the same condition and in the original packaging as of the date of dispatch by the Seller or their Agents. Any goods agreed by the Seller as acceptable for return for any reason (excluding faulty goods) will be subject to a restocking charge of 25% of the nett invoice value of the item or items, together with the reimbursement of any expense incurred by the Seller (this includes a 3% charge for invoices settled by credit/debit card) as a consequence of the return of said Goods to the Sellers stock or the manufacturers/suppliers stock.
Goods are not sold on a trial basis. The Customer should check specification, measurements and suitability before ordering.
Delivery
Deliveries do not include unloading, positioning or installation unless otherwise stated. The Seller with delivery as near as possible to the delivery site as a safe hard road permits. The risk in the Goods shall pass on arrival at, and (where applicable) entry into the delivery premises. Damage due to inadequate site access or unloading shall be at the Customers risk. If the Customer fails to take delivery on the agreed date, or if no specific delivery date has been agreed, when the Goods are ready for dispatch the Seller shall be entitled to store and insure the foods and to charge the Customer the reasonable costs of doing so and to tender its account for the price of the goods.
Delay
Delivery times are given by the Seller in good faith and as accurately as possible, but is not to be the essence of the contract. The Customer shall have to right to claim damages or impose penalties in the event of late delivery by the Seller or its agents or to cancel the contract for delay from any cause unless agreed in writing by the Seller.
Damage
It is the Customers responsibility to inspect the Goods at the time of delivery, before signing the delivery note and accepting the consignment. Any damage must be noted on the carriers delivery note at the time of delivery (signing as unexamined is not acceptable), otherwise claims cannot be considered. Damage must be reported to both the Seller and the carrier immediately and confirmed to the Seller in writing within 24 hours of delivery. Damaged goods will not be exchanged or repaired if used, unless expressly agreed in writing by the Seller. Usage of goods claimed as damaged will be taken as acceptance of item(s) in good condition and the Seller will accept no liability (unless agreed by the Seller in writing before such usage)
Third Party/Public Liability
Save insofar as defect in the products cause death, injury or damage to personal property, the Sellers liability for any loss or damage shall be limited to the invoice value of the goods. Without prejudice to the foregoing the Seller shall in no circumstances be under any liability in contract or otherwise for indirect or consequential loss or damage of whatsoever kind and howsoever caused, suffered by the Customer or others, except as may be expressly imposed by statute.
Warranty
Goods are sold with a 12 months parts and labour warranty unless otherwise stated. Parts are sold with a Parts only warranty unless otherwise stated.
The Seller makes no warranties with regards to the Goods. All warranties are offered by the Supplier/Manufacturer. The Seller accepts no liability for warranties not honoured by the supplier/manufacturer if they cease to trade or for any other reason.
Warranties indicated on description of Goods are for guidance only and can be subject to change by suppliers or manufacturers without notice.
Warranty call outs are the responsibility of the supplier and are accepted provided that they are valid and covered by the manufacturer warranty. Recharges may be levied for abortive visits or for work carried out by the manufacturers or their agents which is not deemed to be valid under the manufacturer warrant including all charges due to incorrect installation (where this was not provided by the seller). Warranty claims only cover defects caused by the faulty manufacture, materials or workmanship. It does not cover defects caused by unsuitable storage conditions or processing, abnormal use, misuse or neglect or installation by an unauthorised or unqualified personnel. Full terms and conditions of product warranties are available on request.
Force Majeure
The Seller shall not be liable in respect of any breach of contract due to any cause beyond it’s reasonable control including Act of God, inclement weather, flood, lightening or fire, industrial action or lockouts, actions of governmental departments, war, riot or terrorism, or the action of any party for whom the Seller is not directly responsible.
Law and Jurisdiction
Laws of England and jurisdiction of English Courts only apply.
