In these conditions the seller means SMS Food Equipment.
The 'Buyer is any person or persons acting on their own
behalf or for a Firm or Company who enters into a
contract whether written or verbal.
accepted by the Seller will be subject to these Terms
and Conditions of Sale.
While every attempt will be made to adhere to our
published prices we reserve the right to alter or amend
prices without prior notification.
are exclusive of Value Added Tax.
The Seller will only accept
cancellations as follows:
a) If the Buyer cancels
after goods have left our warehouse a charge of 20% of
invoice value will be levied.
b) If the goods have
been unpacked by the Buyer or his Agent then the goods
will be deemed unreturnable and the order cannot be
c) An additional charge of £55+vat per
item will be levied if the Seller is required to collect
packaged goods from cancelled orders.
equipment ordered by the Buyer will be subject to
special conditions. Please contact our sales office for
further details. Cancellation will not be accepted on
All standard equipment deliveries over £250 are free of
charge (U.K. Mainland) EXCLUDING BUTCHERS BLOCKS, for
which delivery is charged at £25. The Seller will at all times
attempt to meet the Buyer's delivery requirements,
however, the Seller will not accept any liability for
losses whatsoever (including food losses) sustained by
the Buyer in the event of late delivery by the Seller or
his Agents. Delivery dates are given as guide dates only
and are under no contractual agreement.
Day Delivery service is not available in the following
postcodes: IV, KW1-14, PA20+, PH8-13, PH15+ KA27-28,
Scottish Islands, Channel Islands, Northern Ireland,
Isle of Man, Isle of Wight.
From the time of delivery to the
Buyer or to the assigned point of delivery, the
equipment shall be at the Buyer's risk. Beneficial
ownership of the equipment shall not pass to the Buyer
until payment in full has been received by the Seller.
The Buyer shall take the appropriate steps to notify
any third party of the Seller’s interest in the
equipment and in the event of a threatened seizure of
the equipment or of the appointment of a receiver or
liquidator or administrator, shall immediately notify
the Seller and the Seller shall be entitled to repossess
the equipment upon which the Seller retains Title from
the Buyer's premises or location.
Invoices shall be paid with order or if agreed
beforehand within 30 days of the date of the invoice and
the Seller may charge daily interest at the rate of 4%
per annum above the base Lending Rate of Yorkshire Bank
plc on all overdue accounts.
Should the Buyer default
in paying the account the Seller shall not release any
equipment which has been ordered until the account
together with any interest charges has been paid. The
Seller reserves the right to cancel any credit
facilities previously allowed.
by the Buyer unless otherwise agreed will be held for 14
days from receipt of order and then invoiced. If after
30 days from date of invoice the equipment has not been
collected or the account paid interest as stated above
will be levied and a storage charge made.
It is the Buyer's
responsibility to inspect the equipment at the time of
taking delivery. Should equipment arrive damaged the
delivery note should be endorsed accordingly and the
Seller notified in writing within 24 hours. Claims for
damage will not be entertained on a clean signature or
if signed unexamined.
The Warranty cover will depend on the appliance
sold. Some will be covered by the manufacturer’s
warranty and some by the Seller. This will be made clear
at the time of purchase.
Any loss or damage to
consumables caused by a failure of the equipment is to
be the responsibility of the Buyer and should be covered
by the Buyer's insurance.
The Seller does not loan equipment
UK WEEE Regulations
(SI2006/3289 Waste Electrical and Electronic Equipment
Regulations 2006 as modified by any subsequent
Future WEEE: The Seller sells its
products either retaining the Producer's obligations
under the WEEE Regulations or with the Buyer taking on
those responsibilities. In either case the Buyer must
clearly state which of these options he requires and
this must be documented.
The Seller will confirm
this option on its order acceptance documentation. The
Buyer must agree to disclose this agreement to any
subsequent purchaser(s) of this equipment, as required
by the regulations.
Historic WEEE: The Buyer
agrees to absolve the Seller from its obligations under
the UK WEEE Regulations which require the Seller to be
responsible for financing the collection, treatment,
recovery and environmentally sound disposal of any
product supplied before 13th August 2005, where a
similar new product is being purchased.
The Seller shall not be
liable in respect of any breach of contract due to any
cause beyond his reasonable control including Act of
God, inclement weather, flood, lightning or fire,
industrial action or lockouts, the act or omission of
Government, highways authorities, other competent
authority, war, military operations or riot, or the act
or omissions of any party for whom the Seller is not
THE BUYER’S ATTENTION IS
DRAWN TO THE FOLLOWING CONDITIONS:
Seller shall not be liable to the Buyer by reasons of
any representation or any implied warranty, condition or
other term or any duty at law or under the express terms
of this Contract for any indirect or consequential
Damage (whether for loss or profit, loss of business,
depletion of goodwill or otherwise), costs, expenses or
other claims for consequential compensation whatsoever
(whether caused by the negligence of the Seller’s, its
employees, or sub-contractors) which arise out of or in
connection with the Contract.
Any contract shall be deemed to be
made in England according to English Law and subject to
the jurisdiction of the English Courts.