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Terms and Conditions
THESE TERMS AND CONDITIONS APPLY TO THE CONTRACT BETWEEN US FOR THE SUPPLY OF GOODS ORDERED BY YOU BUT DO NOT AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE
www.nextdaycatering.co.uk is a trading name of Nextday Catering Equipment a private company.
- Terms and Conditions of Sale
- Mail and Web Order Delivery Terms
- Warranty of Terms
- Electrical Product Recycling
- Payment Terms
- Accuracy of Information
- Customer Use
Terms and Conditions of Sale
- Order Acceptance - We must receive payment of the whole of the price for the goods you order before your order can be accepted, unless you are an authorised credit account customer. We can only process your order once our payment merchant authorises the payment to us from your bank, this can take some time depending on banks so please contact us to confirm your payment has been authorised if your order is of an urgent nature, If you are sending goods to an address other than the card holder's this can cause a delay with your order due to the 3rd party checks we have to do for your and our security. Our acceptance of your order brings into existence a legally binding contract between us.
- 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.
- Price - The prices payable for goods you order and their delivery is as set out in our web site. We reserve the right to change the prices shown at any time and we will contact you before we confirm the order if there are any changes.
- Returns - Goods returned will be accepted, entirely at Nextday Catering Equipments discretion, within 5 days of delivery to you provided they are returned totally unused in perfect condition and in their original packing. You must contact us for authorisation to return goods on our Returns line on 0844 875 4 875. Any goods returned without authorisation or which are not in the condition set out above will be rejected and returned to you at your cost. Nextday Catering Equipment reserve the right to charge an administration restocking fee on all returns up to the value of 30% of the original selling price. Where goods do not appear in a Nextday Catering Equipment (including but not limited to our catalogue, or a leaflet or our website), and are specially ordered for you, Nextday Catering Equipment will only accept the return of the goods if they are defective and returned within 5 working days of delivery to you. This applies to goods that have been embroidered and goods that have been engraved. Special order Glassware and Crockery are exempt from being returned if the are non defective items as the manufacturer refuses to deal with returns that are not manufacturing defects. A credit note will be issued where requested for any returned items minus the restocking charges. Where a Refund is given we estimate 7 to 14 working days should be allowed for the transaction to be processed back you your card.
- Goods that are made to order or special manufacturer order cannot be returned due to the manufacturers terms and conditions, where goods are faulty then the manufacturers warranty would apply.
- Availability - We endeavour to hold sufficient stock to meet all orders 95% of equipment is held in stock and available for delivery Next Day if ordered before the cut off time, if for any reason goods are not in stock then you will be advised as to when the goods will be in stock or given an alternative product to choose from. Where an item is out of stock and a similar item is available the product will be sent as a similar replacement to save any delay, please note we will send only an item that matches the specification of the ordered item.
- Delivery - Goods held in the warehouse are usually delivered the next working day (not weekend) on the UK mainland, although Large, Heavy, Bulky or Fragile items may take longer. Any Cancellation of Delivery must be given in writing to our sales department within 24hrs of the order being made. Ask for details of deliveries outside the UK mainland. Risk of loss or damage to the goods shall pass to you upon delivery. Claims for damage to goods must be noted at the time of delivery and then notified to Nextday Catering Equipment in writing within 24hrs of delivery to you. Claims for non-delivery of goods must be notified to Nextday Catering Equipment in writing within 3 days of the invoice date.
- Free carriage paid applies to UK mainland only and Nextday Catering Equipment stocked catalogue product lines. 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 Customer's sole risk. In the event of a no-answer delivery of Heavy, Large items we will need to charge for the cost of the delivery to be made the second time to the delivery location, any special delivery requirements would need to be agreed in writing before the order is completed and ready for despatch. Delivery of wrong goods must be notified to us in writing within 3 days.
- Goods that are damaged due to delivery must be reported to Nextday Catering Equipment at the time of delivery or in writing within 24 hours. Large Goods such as refrigerators or cookers must be inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. The Delivery drivers are contracted into making your delivery have a time period available for you to inspect your large goods delivery, Goods that are missing from delivery must be reported to Nextday Catering Equipment in writing within 3 days from delivery.
- Delays beyond our control - We shall accept no liability whatsoever to you for any failure to deliver goods you have ordered or held responsible for any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes). We only give delivery dates as an estimate and no guarantees can or will be made.
- Governing Law - The contract between us shall be governed by and interpreted in accordance with Scottish & English law, and the Scottish & English courts shall have exclusive jurisdiction to resolve any disputes between us.
- Entire Agreement - These terms and conditions, together with our current website prices, delivery details and contact details, set out the whole of our agreement relating to the supply of the goods to you by us. These terms and conditions cannot be varied except in writing signed by our proprietor. In particular nothing said by any of our staff should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. We shall have no liability for any such representation or information given by staff to be untrue or misleading unless it is made fraudulently.
- Exclusion of Liability -
- We shall not be liable in any way for any loss of revenue, profit, goodwill or any consequential or indirect or special loss or damage arising out of the purchase of any goods by you from us or late or non delivery of goods due to Courier or Warehouse problems in getting goods out for delivery. We will not be liable in any way for any loss of revenue, profit, goodwill or any consequential or indirect or special loss or damage arising out of the purchase of any capital catering equipment by you from us.
- Any liability not excluded by paragraph (a) above (or any exclusion of liability which is held by a court of competent jurisdiction to be invalid or unreasonable) shall be limited to a maximum aggregate liability per claim of £5,000.
- You agree and confirm that you are in a better position than us to assess and estimate any likely damage or loss that you may incur in connection with the order of any goods from us and that we cannot therefore insure any likely damage for which we have excluded liability under this cause.
- Nothing in this clause shall exclude liability for death or personal injury arising from the negligence of Nextday Catering Equipment or its employees or agents, or any other liability which it is prohibited from excluding at law.
Mail and Web Order Delivery Terms
If orders are placed before 12noon, Goods held in our warehouse are usually delivered the next working day on U.K Mainland, although bulky or fragile items may take longer and can take up to 7 working days in extreme circumstances.
For offshore and remote areas including Northern Ireland, Highlands, Isle of Man, Isle of Wight, Channel Islands, Alderney and Scottish Islands a supplementary delivery cost may apply. All products are subject to availability.
Any dates specified by the Company for mail order delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.
All large machinery, refrigeration, and flat packed prices include delivery to the door (ground floor only) UK mainland. Mail and web order delivery does not include going on the premises, negotiating stairs or lifts, unpacking, positioning or assembling items.
*The Buyer needs to ensure that all products have been measured and will fit through doorways and onto premises, any items that cannot be easily placed into the premises will be left as close to the delivery door as possible, the Company will not accept any responsibility if it will not fit.
Any carriage charges caused by aborted delivery are the Buyers responsibility. Subject to the other provisions of these Conditions the Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence).
Any delay in delivery will not entitle the Buyer to cancel the order. The Company will not be liable for failure or delay in delivery of the goods, if it is due to an event beyond the reasonable control of the company.
The Buyer must ensure that someone is on site to accept and sign for delivery. Any signature taken to accept delivery is binding. If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, or the company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations.
If the customer Cancels the goods at time of delivery the full restocking charge plus return delivery charge will be charged to the customer. Risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence); The Goods will be deemed to have been delivered and The Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance). For large machinery or refrigeration, where a delivery attempt has been made and failed due to customer error, a subsequent delivery charge may be made.
Goods supplied by the Company are guaranteed in accordance with the terms of the manufacturer’s warranty provided with the goods or for 1 year if not stated with the goods. The warranty applies to U.K. Mainland only and does not apply to goods that have not been paid for in full. If any Company product proves defective within one year of purchase we will repair it at no cost to you.
Warranty does not apply to wear and tear, or if a product has been damaged, misused, or altered in any way, or if the goods have been disassembled, partly used or the seals or labels have been removed or tampered with. Warranty does not include goods that have been damaged by fire, water or smoke, have exceeded their warranty period, or are sterile and or disposable. This also applies where a machine has not been properly maintained, including cleaning and descaling where applicable. Any defect or suspected defect must be notified to the Company in writing within 14 days of receipt of delivery. It does not apply to a small number of machines marked ’No commercial warranty’ where any warranty is invalidated if the product has been used, or deemed to have been used in a commercial environment.
Machines returned for repair are not reassembled if upon quotation the repair is not required. Temporary replacement machines are not available. The Company endeavours to meet The Customer’s individual requirements, but is under no obligation to accept cancellation or amendment to any order or part of order.
Be reasonably fit for any particular purpose for which the Goods are being brought if the Buyer has made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of the Company.
Machines returned for repair in warranty where it is found that the machine has been abused, or has not been used as it was designed, will be charged for, we will contact you prior to doing this, whenever possible.
The Company's obligations under this warranty shall be limited, at the Company's option to repairing or replacing ex-works, or allowing credit for, any part of which under normal and proper use and maintenance proves, to the Company's satisfaction to be defective in material and workmanship within 12 months of the original date of delivery provided notice of such defect and satisfactory proof thereof shut be promptly given to the Company at its request, and at the buyers expense. All labour, travel or carriage costs involved in effecting such replacements or repairs shall be borne by the buyer.
Any Electrical or Gas Equipment must be installed and or fitted by a fully qualified and competent commercial catering engineer and would require a handover commissioning completion certificate to confirm the said has been carried out to the UK Select Electrical and Corgi Commercial Gas Regulations. Any equipment that has not been installed by a commercial catering engineer where required would not be covered by any of our warranty cover and would be deemed invalid for warranty and would require attention by a subcontracted engineer that the buyer would need to source and who would be expected to attempt a repair at the buyers own cost, only after a written confirmation from the qualified engineer that your goods were back to adequate standard would your warranty be re-validated in the UK.
Any Warranty repairs requested to us must be made in writing by Email or Fax and must contain Model, Serial Number, Date of purchase and full fault description, along with full contact details. Any request for warranty without these details means the service call will not be placed with the manufacturer until the above is adhered to. Any service calls aborted due to failure to give access or failure to give clear instructions on access during business opening times of the hours 9am and 6pm will incur an aborted charge of £125 per visit, we do our best to attend the site when requested but the manufacturers warranty terms do state that the engineer can visit the site where the goods are located anytime during working hours only, we can not guarantee any engineer visit times or dates but we will do our best to attend your items as quickly as possible.
Electrical Product Recycling
The cost for collection and disposal of obligatory electrical items as specified in the WEEE directive, is not included in the selling price. However, upon request at the end of product life, collection and disposal can be arranged for a fee. When ordering like for like replacements, if disposal of the old unit(s) is required they must be unplugged/disconnected from power supply, empty and in a reasonable state for transportation. Items(s) must be ready for collection at the time of ordering replacement(s).
Payment must be received for the whole of the price of the Goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing. If you are an account customer, payment shall be made in full within 30 days of the date of invoice, time shall be of the essence for payment. Credit Facilities may be revoked at the absolute discretion of the Company, all outstanding balances will be payable immediately. No payment shall be deemed to have been received, until the Company has received cleared funds.
The Buyer shall make all payments due under the Contract without any deductions whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
If the Buyer fails to pay the Company any sum due pursuant to the Contract the Buyer will be liable to pay interest to the Company of such sum from the due date for payment at the annual rate of 8% above the base lending rate. This will be accruing on a daily basis until payment is made whether before or after any judgment.
All unpaid cheques returned by the bank will have an Administration fee of £25.00 levied to the account Unless otherwise agreed payment is required prior to delivery of the goods. For so long as any amount to be paid for goods remains owing to The Company, goods will remain with The Company and will not pass to The Customer until the full payment has been received, subsequent orders and deliveries will be refused until such payment is received.
Title of goods is reserved by Nextday Catering Equipment until payment of the purchase price is made in full. Our Retention of title, Until payment in full is received the buyer or landlord must permit Nextday Catering Equipment or their agents to enter the Buyers premises to repossess the goods.
Full, legal and beneficial ownership shall not pass to The Customer until The Company has received cleared funds for all monies due. Until such time that the full ownership passes to The Customer the goods remain the Property of Nextday Catering Equipment, goods should be identified as the property of The Company, be stored separately from goods owned by The Customer, and must be properly stored, protected and insured. Samples that are not returned to the Company must not be sold on by the Buyer.
For leasing terms the Buyer must consult the Terms and Conditions of Oakfield Leasing.
Disclaimer - use of this website
Accuracy of information
The Company uses its best endeavours to ensure that the information contained on its website and publications is accurate and not misleading. Accordingly The Company reserves the right, without obligation, to amend or delete product information without notice.
On registration The Customer will be required to submit a password which is needed to access their account. The Customer will be responsible for the security of this password and The Company advises that The Customer does not disclose it to third parties and that The Customer changes it on a regular basis. The Company will not be liable for any loss resulting from the misuse of The Customer’s password.
The information provided on this website is intended to be used only by The Customer. The Company does not authorise the use of such information for any purpose other than The Customer’s use as immediate consumer, and prohibits to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
All website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials on this site are the property of The Company. All rights are reserved.
The Company owns the trademark and "Nextday Catering Equipment" logo. Other product and company names mentioned on this website are or may be the trademarks or registered or unregistered trademarks of their respective owners.
THESE TERMS AND CONDITIONS APPLY TO THE CONTRACT BETWEEN US FOR THE SUPPLY OF GOODS ORDERED BY YOU BUT DO NOT AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE