In this Agreement, the “Customer” means any person who places an Order with Refrigeration and Catering Equipment.ie (either as a private consumer or as a business);
the “Goods” means any items sold or supplied by Refrigeration and Catering Equipment.ie under an Order;
“Order” means any request or order to purchase the Goods;
“Website” means the Website operated by Refrigeration and Catering Equipment at www.refrigerationandcateringequipment.ie or any successor or replacement website operated by Refrigeration and Catering Equipment; and the “Parties” refers to the Customer and Refrigeration and Catering Equipment.
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Refrigeration and Catering Equipment Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by Refrigeration and Catering Equipment. Refrigeration and Catering Equipment is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Refrigeration and Catering Equipmentdoes not in itself constitute acceptance by Refrigeration and Catering Equipment of the Order.
1.3 Refrigeration and Catering Equipment may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Refrigeration and Catering Equipment Website or catalogue.
2. Terms of Payment and Payment Methods
2.1 The Goods shall be payable at the prices listed on the Refrigeration and Catering Equipment Website at the time of the Order. Refrigeration and Catering Equipment reserves the right to update prices on the Refrigeration and Catering Equipment Website from time to time. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in Euro. Payments by credit cards incurr a fee of 1.5%, there is no charge for debit/laser cards.
Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Refrigeration and Catering Equipment shall be under no obligation to honour the incorrect price or Order.
Payment for Goods and Delivery may be made by any of the options listed on the Refrigeration and Catering Equipment Website or catalogue. Cheques and cash usually require a minimum of 6 working days to clear and the Customer account, order or quote number MUST be referenced with payment. Refrigeration and Catering Equipment reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled. Any returned cheques returned by a bank will be subject to an administration fee of €25 each.
Refrigeration and Catering Equipment reserves the right to charge interest at a rate of 8% of the value of the relevant Order on late or overdue payments by the Customer.
All Orders may be subject to further credit or security checks.
3.1 Refrigeration and Catering Equipment reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
3.2 Refrigeration and Catering Equipmentreserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Examiner, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
3.3 Refrigeration and Catering Equipmentreserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Refrigeration and Catering Equipment reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
3.4 Refrigeration and Catering Equipment reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
4. Goods being Sold
4.1 Descriptions and specifications for the Goods are set out on the Refrigeration and Catering Equipment Website at the time of the Order.
4.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and Refrigeration and Catering Equipment may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.
4.3 If any Goods are unavailable or out of stock then Refrigeration and Catering Equipment may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, Refrigeration and Catering Equipmentmay vary the Order with the Customer’s approval.
4.4 Customers placing Orders for Goods confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
5.1 If an Order is placed by a Customer and accepted by Refrigeration and Catering Equipmentbefore 4pm on a working day (a working day being any day other than weekends and bank/public holidays), stocked products are usually delivered within 24 hours from the time of acceptance of the Order within the mainland of the Republic of Ireland (excluding certain remote areas). Large or fragile items may take longer. Delivery times are stated as a guideline and are subject to change.
5.2 Refrigeration and Catering Equipment will use reasonable endeavours to meet delivery estimates in all cases however Refrigeration and Catering Equipmentcannot be held liable for any loss or damage due to delay in delivery.
5.3 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question.
5.4 Goods delivered are used, stored and installed at the Customer’s own risk and Refrigeration and Catering Equipment will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Refrigeration and Catering Equipment to the Customer before delivery.
5.5 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer’s sole risk.
Large Goods such as refrigerators must be inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing from delivery must be reported to Refrigeration and Catering Equipment in writing within 7 days from delivery.
Statutory rights for Customers placing Orders and returning Goods as private consumers (as defined by law) are not affected by the terms of this Agreement.
6.1 Only products which are standard stock items and have been approved by the company for restocking will be accepted. In this case a 30% restocking fee is charged with 50% for goods unpacked.The Customer will be responsible for the direct cost of returning the Goods to Refrigeration and Catering Equipment
7. Limitation of Liability
7.1 The Customer agrees that Refrigeration and Catering Equipment aggregate liability for any losses or damage of any kind suffered by the Customer under or in connection with this Agreement shall be limited (to the maximum extent permissible under applicable law) to the actual amount paid by the Customer to Refrigeration and Catering Equipment for the Goods under the relevant Order. Refrigeration and Catering Equipment shall not be liable, to the maximum extent permissible under applicable law, for loss of business, business interruption or loss of time or any indirect or consequential loss due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude Refrigeration and Catering Equipment statutory liability for personal injury or death or for fraud.
7.2 Except as expressly stated in this Agreement, Refrigeration and Catering Equipment hereby excludes, to the fullest extent permitted by applicable law, all conditions and warranties (express or implied, statutory, customary or otherwise) which, but for such exclusion would or might subsist in favour of the Customer.
7.3 Goods sold are not insured for delivery unless confirmed as insured by Refrigeration and Catering Equipmenton acceptance of the Order.
8.1 This Agreement is governed by the laws of the Republic of Ireland and the Parties shall be subject to the exclusive jurisdiction of the Irish courts.
8.1 Any notice to be served under this Agreement may be sent by ordinary prepaid post to the registered address of the Customer and of Refrigeration and Catering Equipment or by email and shall be deemed to have been received 48 hours after posting or email of same. Such notices will be addressed for the attention of the general manager of the Customer or Refrigeration and Catering Equipmentand copied to the Company Secretary of the Customer or Refrigeration and Catering Equipment.
9. Intellectual Property Rights and Confidentiality
9.1 Goods sold or supplied by Refrigeration and Catering Equipment may be subject to copyright (whether owned by Refrigeration and Catering Equipmentor a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Refrigeration and Catering Equipment harmless for any breach of said covenant.