Terms & Conditions
Francis Commercial Kitchen Services Limited – Conditions of Sale
All dealings including all quotations and any other order placed following such quotation are subject to the following conditions of sale in which Francis Commercial Kitchen Services Limited is referred to as “the Company”
A – Francis Commercial Kitchen Services Limited. Company number 10304423.
B – Order acceptance- The company reserves the right to refuse any order, including subsequent to the sending of an order acknowledgement email.
C – Prices – Prices quoted on the web site are current however we reserve the right to make adjustments or change at any time. Unless otherwise stated, all prices are exclusive of VAT.
D – Payment – Payment must be received, and deemed as cleared funds, for the total order value including any carriage charges, before shipment can be made.
Any order over £500 can only be despatched after cleared funds have been received. Any order over £500 can only be paid for with a BACS transfer, money transfer, bankers draft or cheque. We do not accept payment for any order over £500 with a credit card, unless this has been agreed in advance.
E – Delivery and Returns – Delivery periods and dates are given in good faith, but are not the subject of any warranty or condition. The company does not accept any liability if delivery periods or dates are not met for any reason whatsoever. Non delivery must be advised within 7 days and in writing to enable us to claim from the carrier. Any shortage or damage on delivery must be reported to us immediately and confirmed in writing within 3 days. Any items can be returned and a full refund or exchange provided, subject to the goods being returned in full resalable condition. Returns must be notified within 7 days of receipt. Please note that there may be a collection charge for any items returned.
F – Regarding any delivery, return or quality issues, please contact our customer team on +44 (0) 1384 271166 or firstname.lastname@example.org
G – Warranty – The Company warrants that all goods supplied will meet the specification detailed on the web. The Company’s obligation in the event of a breach of this warranty is limited to the replacement of any defective goods, which shall be returned to the Company by the customer. This warranty is given in lieu of all other warranties or conditions expressed or implied (whether by statue or otherwise) and is subject to the following conditions:
- Claims must be notified in writing to the Company within seven days from the date of delivery.
- The Company shall be under no liability if the defect or failure, in the reasonable opinion of the Company, arises from wilful damage or misuse, negligence by the customer or any third party.
- The Company shall be under no liability if the price for the goods has not been paid prior to shipment
- Except in the case of death or personal injury caused by the Company’s negligence, the Company shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation.
- A charge of 20% of the goods or £10 whichever is the greater will apply to any orders returned having been ordered in error.
H – Risk – The risk in the goods shall pass to the customer on delivery to the customer or (if earlier) when possession of the goods is taken by a carrier for delivery to the customer.
I – Force majeure – The Company shall not be liable to the customer, or deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the goods. If the delay or failure was due to force majeure or to any other cause beyond the Company’s reasonable control.
J – Reservation of title – The goods sold under these Conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the Company until payment in full of all amounts invoiced or due to the Company in respect of the Goods, or until the goods are resold by the customer, whichever shall first occur. If the customer shall enter into liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the Goods has passed in accordance with this condition, the Company shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any Goods to which it has title under this condition. No liquidator, receiver, administrator administrative receiver of the Customer shall have authority to sell goods to which the Company has title without the prior written consent of the Company
K – Until such time as the property in and legal title to the Goods passes to the Customer, the Customer shall hold the Goods as the Company’s fiduciary agent and bailiff and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as the Company’s property. Until that time, the customer shall be entitled to resell or use the Goods in ordinary course of its business, but shall account to the Company for the proceeds of sales of the Goods, including insurance proceeds, and shall keep all such proceeds separate from any moneys of the customer and of third parties.
L – The Customer shall not be entitled to pledge or charge, by way of security for any indebtedness, any of the goods which remain the property of the Company but, if the Customer does so, all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the reseller) forthwith become due and payable.
M – The Company shall be entitled to maintain an action for the price of the goods notwithstanding that title in them has not passed to the customer.
N – Insolvency of customer – If the customer, being a body corporate, shall pass a resolution or suffer an order of the Court to be made for winding-up, or if a receiver, administrator or administrative receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then the Company shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.
O – Applicable Law – These conditions shall be governed by and construed in accordance with English Law and the parties acknowledge the exclusive jurisdiction of the English Courts