STANDARD TERMS & CONDITIONS OF SALE (‘this agreement’)
In this Agreement,
the “Customer” means any person who places an Order with Border Food Machinery (either as a private consumer or as a business);
the “Goods”
means any items sold or supplied by Border Food Machinery under an Order;
“Border Food machinery”
means Border Food Machinery Limited, a company incorporated in England with company number
04173350 and a registered address at
Site 39
Kingstown Broadway
Kingstown Industrial Estate
Carlisle
Cumbria
CA3 0HA, United Kingdom;
“Order”
means any request or order (via phone, web order (excluding Ebay or Amazon) or mail order) to purchase the Goods, and;
the “Parties”
refers to the Customer and Border Food Machinery
1. Validity
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 Border Food Machinery Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by Border Food Machinery. Border Food Machinery is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Border Food Machinery does not in itself constitute acceptance by Border Food Machinery of the Order.
1.3 Border Food Machinery may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Border Food Machinery website.
2. Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the Border Food Machinery website at the time of the Order
2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and Border Food Machinery may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.
2.3 If any Goods are unavailable or out of stock then Border Food Machinery may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, Border Food Machinery may vary the Order with the Customer’s approval.
3. Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on the Border Food Machinery website at the time of the Order. Border Food Machinery reserves the right to update prices on the Border Food Machinery website. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.
3.2 All orders may be subject to a carriage charge.
3.3 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.
3.4 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Border Food Machinery shall be under no obligation to honour the incorrect price or Order.
3.5 Payment for Goods and Delivery may be made by any of the options listed on the Border Food Machinery website.
3.6 Border Food Machinery reserves the right to charge interest on late or overdue payments by the Customer.
3.7 All Orders may be subject to further credit or security checks.
3.8 Border Food Machinery’s Price Promise applies to any lower published price for a like-for-like product offered on the same terms in the UK. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as Border Food Machinery’s and the competitor must have stock availability at the time of ordering. The price will not be matched where there are ‘hidden extras’ such as delivery charges. In order to qualify, the price must be published in writing. Border Food Machinery’s Price Promise excludes comparing like-for-like products from companies within the Border Food Machinery group of companies.
4. Payment options
We are able to offer a variety of payment methods:-
Debit/Credit Card (24 hour Web order)
Simply pay by debit card or credit card via our catering equipment web site sending an automated order to our sales team for immediate processing. All online payments are processed through SagePay’s secure servers.
Debit/Credit Card (telephone order)
To place an order by debit or credit card you can call our dedicated sales team on 01228 534 996 Monday to Friday 8.30am to 5.00pm.
BACS or CHAPS
To pay bank transfer contact our sales team on 01228 534996 who will be happy to send you a pro forma invoice via e-mail or fax giving you all the payment details you will require.
Lease Purchase
Available on all purchases of capital equipment over £1000.00 + VAT (subject to approval), our lease purchase payment option is a great way to spread payments on any purchase over a three year period. Contact our sales team for further details.
5. Delivery
5.1 Full delivery prices and options are listed on the Border Food Machinery website and subject to change from time to time.
5.2 Standard Delivery and Premium Delivery Orders will be sent for ‘next day delivery’ within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by Border Food Machinery before 12.00 midday on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be delivered ‘next day’ then delivery will usually be completed within 5 days.
5.3 Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
5.4 Border Food Machinery will use reasonable endeavours to meet delivery estimates in all cases however Border Food Machinery cannot be held liable for any loss or damage due to delay in delivery.
5.5 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.
5.6 Goods delivered are used, stored and installed at the Customer’s own risk and Border Food Machinery 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 Border Food Machinery to the Customer before delivery.
5.7 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.
5.8 Most of our deliveries can be made on the next working day after ordering. Whilst we will always do our best to ensure that deliveries take place within a reasonable period of time and within the time scale specified, a delay may sometimes occur which is entirely beyond our control. You are not entitled to cancel the order because of a delay in delivery unless the delay has been protracted and unreasonable.
5.9 All goods may be subject to a delivery charge and will be delivered to the card holder address only if paid by credit or debit card given at the time of ordering. We can only deliver to alternative address if a payment has been made by BACS and the request is received in writing. Any change to the delivery address may result in a delay in delivery and an administration charge.
5.10 It is your responsibility to ensure that someone is available to accept delivery of the goods at the agreed delivery period, usually between normal business hours, 8am-6pm, Monday to Friday. If the goods cannot be delivered you will be charged an abort/ re-delivery charge.
5.11 All deliveries are one man deliveries to ground floor level UK mainland addresses and the goods will be delivered to the outside of the delivery address only. All delivery charges are calculated on this basis. If you have any requirements over and above this you must notify us when you place your order and additional charges may be applicable.
5.12 It is your responsibility to ensure that the goods will fit the delivery premises and to check the dimensions of the delivery address for access, including all doors, corridors, stairs and corners. Border Food Machinery will not accept any responsibility for any loss or damage due to inaccessibility or failure of the delivery and this may result in an abort/failure delivery charge.
5.13 You must unpack the goods and inspect them before the delivery is completed and the driver leaves. If there is any damage to the goods or there are any missing parts or the goods supplied are not in accordance with your order you must make a note of this on the delivery note and you must also notify us immediately with photographic evidence if at all possible. You are not entitled to refuse the delivery on the grounds that part of the order is missing or is incorrect. In the absence of any comment on the delivery note and/or phonecall to Border Food Machinery it will be deemed that the goods were delivered in satisfactory condition and in accordance with your order.
5.14 You must not use, fit or install any damaged or incorrectly supplied goods whether notified to us or not. If you do, you will be deemed to have accepted the goods and Border Food Machinery will accept no further responsibility in relation to such goods. Border Food Machinery will give no warranty in respect of any damaged or incorrectly supplied goods which are used or installed by you.
5.15 We strongly advise that you should not book fitters or installers to begin work until after the goods have been delivered and inspected by you as we will not reimburse any charges incurred.
5.16 Border Food Machinery cannot accept any responsibility for any loss or damage as a result of late or delayed delivery of the goods.
5.17 Risk in the goods passes to you on delivery and it is your responsibility to insure the goods from then.
6. Warranties and Returns
6.1 Goods are guaranteed in accordance with the terms of the manufacturer’s warranty or for 1 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at Border Food Machinery and Manufacturers discretion. Parts and labour under this warranty are guaranteed in the UK mainland only.
6.2 All goods MUST BE CHECKED/INSPECTED BY THE CUSTOMER ON DELIVERY FOR DAMAGES PRIOR TO ACCEPTANCE OF DELIVERY. Any damages found MUST BE REPORTED TO BFM BEFORE SIGNING any delivery docket with photographic evidence if at all possible. Goods that are missing from delivery must also be reported to Border Food Machinery as soon as possible.
6.3 Border Food Machinery are not under any obligation to accept returns of unwanted or unsuitable goods and will only do so in their absolute discretion. In any event, returned goods will not be accepted, unless they have been pre-authorised and they are returned in an unused, undamaged and in the original packaging and on original pallets. The goods must be returned at your own cost with insurance cover, complete with all parts, components, accessories and manuals. You will be charged the cost of replacing any missing items or repairing any damage. Credit and refund will only be issued upon receipt of goods in the above condition.
6.4 In the event of goods needing to be returned, a restocking charge will be agreed in writing prior to returning the goods. Specially ordered or bespoke goods may be subject to additional charges at Border Food Machinery’s discretion. This is because it is unlikely that we will be able to sell the goods to another buyer at full price. Refunds will only be paid after Border Food Machinery have inspected the returned goods and after deduction of collection (if applicable) and restocking charges and the cost of repairing any damage or replacing missing items.
6.5 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to Border Food Machinery within 24 hours to qualify for replacement, repair or refund at Border Food Machinery’s discretion. Goods marked ‘no commercial warranty’ are sold without any warranties unless otherwise stated. Certain Goods may be disposed of in accordance with Border Food Machinery safety instructions for replacement, exchange or refund with Border Food Machinery’s prior approval. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges including where the Customer has missed or is unduly late for an arranged call-out. No Goods will be sold on a ‘sale or return’ basis without prior written approval by Border Food Machinery. Border Food Machinery may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without Border Food Machinery’s prior endorsement or approval.
6.4 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.
7. Termination
7.1 Border Food Machinery 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.
7.2 Border Food Machinery reserves 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 Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
7.3 Border Food Machinery reserves 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 Border Food Machinery’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
7.4 Border Food Machinery 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).
8. Limitation of Liability
8.1 The Customer agrees that Border Food Machinery will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. Border Food Machinery will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude Border Food Machinery’s statutory liability for injury or death.
8.2 Goods sold are not insured for delivery unless confirmed as insured by Border Food Machinery on acceptance of the Order.
9. Intellectual Property Rights and Confidentiality
9.1 Goods sold or supplied by Border Food Machinery may be subject to copyright (whether owned by Border Food Machinery or 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 Border Food Machinery harmless for any breach of said covenant.
9.2 The Customer’s data protection and privacy rights under this Agreement are set out in Border Food Machinery’s privacy policy (available on the Border Food Machinery website).
10. Jurisdiction
10.1 This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.
10.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.