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CaterBay Ltd – Terms & Conditions of Business
Terms and Conditions of Supply – Applicable To All Website and Telephone Sales
CaterBay Ltd, www.caterbay.co.uk, www.caterbay.com (hereafter called the Company)
CaterBay Ltd, www.caterbay.co.uk, www.caterbay.com is a Business to Business (B2B) company and is not oriented to the consumer market. All transactions made on our website and over the telephone are classed as commercial business contracts and the items we sell are classified as Commercial / Industrial Machinery.
If you are making a personal purchase for yourself please note that you will not be covered by the consumer Distance Selling Regulations (DSR’s) as all and any transaction made with us are subject to the following terms and conditions only as purchasers unequivocally confirm and expressly confirm and agree to the fact that any transaction made with is made by the purchaser for or on behalf of a business, whether that be, but not limited to a sole trader, self-employed, plc, limited company, llp, partnership or any other business. All prices displayed exclude VAT at the appropriate rate.
Access to this web site (the “Web Site”) is subject to and in accordance with the following terms and conditions. Please read these terms and conditions carefully before using this site.
These terms and conditions are between (“we/us/our”) and you (on behalf of yourself and/or the company, member, or supplier for which you have registered) the user of this Web Site (“you”).
On accessing the Web Site on this occasion and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities, services and information provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Web Site after changes are posted on-line will constitute acceptance of the new terms and conditions.
The following terms and conditions are the Company’s standard terms. These conditions are intended to provide peace of mind to our customers and are an expression of our confidence in the quality, price and general value for money offered in our products. It is not a clever marketing tool with several opt-out clauses, but for this reason the terms and conditions we do stipulate need to be rigidly implemented. Specific individual agreements signed by an official company director may replace these terms in certain instances, otherwise these terms and conditions are applicable to all sales. Notwithstanding, none of these terms affect your statutory rights. Please be aware that we are not a consumer sales business but operate on a business to business sales policy only.
Please note for the sake of ease, the words sales, order, orders and orders placed all relate to the sale of goods made under this contract.
Any reference to the seller is classified in thee terms and conditions as the “seller”, “we” “us” “our” “ourself” or “ourselves”
Any reference to the purchaser is classed in these terms and conditions as the “buyer”, “purchaser” “your” “yourself” “yourselves” or “you”.
This legal notice applies to all purchases made by the you (the buyer) whether for yourself directly, or on behalf of a third party or company
(a) through the website under the domain name www.ecatering.co.uk (the site) and
(b) through our telephone order line (the Telephone Order Line)
By offering to purchase products thorough the Site or the Order Line you are entering into an agreement on the terms and conditions set out below with CaterBay www.caterbay.co.uk, www.caterbay.com
These terms and conditions of sale are only available in English.
Ordering on the Site
Once you have chosen your payment method and completed those details and clicked to submit your order, CaterBay Ltd will treat the order as an offer by you to purchase the products subject to these terms and conditions of sale. You are responsible for ensuring the accuracy of your order.
If CaterBay Ltd accepts your offer it shall confirm each order online via the internet and / or by email. CaterBay Ltd confirmation of the order in writing (in the form of an email) shall be CaterBay Ltd acceptance of the contract between CaterBay Ltd and you. The terms of your order(s) will not be filed electronically and will not be made available to you on request so you should print off and retain a copy of your order confirmation for your records.
re A VAT receipt will be dispatched with the order.
Ordering Through the Telephone Order Line
When you place an order through the telephone order line, we will treat the order as an offer by you to purchase the products subject to these terms and conditions of sale. You will be given the opportunity to review your order(s), correct any errors and confirm your order. You are responsible for ensuring the accuracy of your orders. Once you have chosen your payment method and completed those details and confirmed your order, we will treat the order as accepted. If you do not ask for a VAT receipt at the time of your order then this can be requested at a later date by emailing details of your order reference number to CaterBay Ltd with a request for a VAT receipt and we will send you one by email.
General
Pricing
All prices quoted on the website or in any communication, are exclusive of VAT (unless otherwise stated), which will be added at the current prevailing rate at the time of invoice.
Damaged Shipments – Very Important – Please Read
All shipments must be thoroughly inspected for any sign of damage BEFORE signing the carrier’s delivery note. If there is damage, please call us immediately before accepting the delivery or ask the driver to phone us so we can obtain details and ascertain the course of action to take. If you sign for the delivery then you are accepting responsibilty for the delivery and signing for the goods as being received in good condition and will not be able to claim for damage at a later date (if any is found) as the carriers will not accept this.
Items not working on Delivery
Warranty
‘Internet-Only’ and “Sale” Offers
Carriage
Non mainland UK, islands or Scottish Highlands and Islands may be subject to charges. If higher charges apply, we will contact you to advise on the extra costs and if you do not agree with them, you are able to cancel your order. Higher charges may apply for specific delivery requests such as, but not limited to, next day delivery, out of hours / weekend delivery, timed delivery and 2 man deliveries. Standard working days are Monday to Friday and do not include bank holidays.
Delivery charges vary depending on the type of products ordered and the service you select and cannot be refunded once an item has been dispatched. Your delivery charges will be clearly indicated at checkout.
Delivery
All orders placed are subject to stock availability. If you wish to confirm stock availability before placing your order, please call us on 01772 202028 or email caterbay@btconnect.com
Orders placed and paid for in full before 11.30am will be dispatched the same day (subject to final inspection test on Used items) on parcel courier service or standard pallet delivery service depending on the weight / dimensions of the particular product(s) ordered.
Please ensure there is adequate access for larger items of equipment, as the company cannot be held responsible for any problem should the goods not fit, or be able to go through any outer / inner doorways. On larger items sent with pallet deliveries, the delivery is made to “kerbside” only and you will need to have relevant resources to take the item into your premises. The delivery drivers are under no obligation to help you inside with any large item.
Orders for express delivery and next day delivery must be placed by 12 noon and are subject to final confirmation by our couriers. Next day delivery is not available on all items, so please check with us before ordering if in doubt or if you have any queries. Any extra charge for next day service will be advised at time of placing the order or indicated on the items page when checking out. Goods must be checked on receipt, before you sign the delivery note. If you sign the delivery note and have not checked the items we will not be held responsible for any claims that later arise through damage or missing items. If an item is found to be damaged please mark “damaged” on the delivery note and inform our office immediately. If goods are signed for as “unchecked”, then please ensure you check the goods within 24 hours of receiving them and report any damage to us immediately in writing. All damages must be reported within 24 hours of receipt, otherwise we will not entertain any claims for damage.
For items that are special order, you will be advised at the time of order of the approximate delivery lead time.
We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors and all goods and products are subject to availability. The Company shall be under no liability whatsoever for any delay or failure to deliver the products within estimated timescales. We recommend that you make arrangements for trade’s people to carry out work on your behalf only after your order has been delivered and checked for damage. If you are purchasing to replace an existing item we also recommend that you do not disconnect or dispose of your existing item until your new goods have arrived and been checked for damage.
Standard parcel courier service is within 1-3 working days from day of dispatch and standard pallet deliver service is within 3-5 working days from day of dispatch. You must notify us of any opening and closing times, or any access restrictions / parking restrictions that will affect the delivery. If delivery is to a restricted area such as an office building with a main reception or to a block of flats with a porter / concierge service, and the delivery driver cannot get access to your door / floor, you give express authority that the parcel can be left and signed for by the receptionist, concierge or porter on your behalf, subject to the terms and conditions of sale stated herein.
Please note that if the couriers attempt delivery and no one is there to accept it, or the delivery is refused for any reason there may be a re-delivery charge applied which must be paid by the buyer before re-delivery can take place. The exact charge will be notified to the buyer in the event of this occurring.
It is the buyers responsibility to ensure they have adequate access and space to take the unit into their premises. If an item is refused delivery because the unit will not fit through any doorway or access area, there will be a 25% restocking charge against the full order value which is payable by the buyer.
All large items (over 25kg in weight) / pallet deliveries are delivered to “kerbside” only. This means that the delivery driver will bring the item to the nearest point outside the buyer’s premises / delivery address but the delivery driver is not obliged to bring the goods into the buyers premises or help get the goods into the premises. The buyer needs to ensure they have adequate resources at the time of delivery to get / take the delivery into their premises.
Please contact us directly before placing any order if you wish to clarify anything regarding the delivery service or to ascertain which service will be used for the item you are ordering.
Our standard deliveries will be made anytime between 8am and 6pm Monday to Friday and do not include bank holidays. You need to ensure you are at the delivery address or have someone at the delivery address to accept delivery between these hours.
Returns
Before returning goods, a returns number must be obtained from us. Unless the incorrect item has been received, a handling charge of 25% of the invoice value will be levied. Returns can only be considered if the goods are undamaged, unused and still in their original packing. Items to be returned must be notified within 5 days of receipt and returned back to us within 10 days. The buyer is responsible for all costs incurred when shipping the item back to us. We strongly recommend the use of a bona fide carrier and for the buyer to insure the consignment as we are not responsible if the item is damaged during the return process. No refunds are given for original postage charges unless the wrong item has been sent in error.
Once an order has been dispatched from our warehouse, the returns policy will apply. This includes any orders cancelled by the buyer after dispatch from our warehouse, and the restocking and handling charge of 25% of the invoice value will be levied without exception.
If the goods have been unpacked by the buyer or their agent / representative / customer and they are unused but requested to be returned within 5 days of receipt, a minimum of 35% of the invoice value will be levied, subject always to final inspection of the goods upon return to our warehouse.
The purchaser should check specifications and suitability before ordering. The seller does not warrant the suitability of goods for specific applications and goods are not sold on a trial basis. All sales are final.
Terms of Sale
All sales made are on a business to business basis only. All prices exclude VAT at the appropriate rate at the time of sale. Consumer distance selling regulations do not apply to any or all transactions made on this site or as a result of sales made directly with us whether by telephone, fax, letter or email. The buyer unequivocally and expressly confirms and agrees to the fact that any and all transactions made by the purchaser for or on behalf of a business, whether that be, but not limited to a sole trader, self-employed, plc, limited company, LLP, partnership or any other business. All items sold by ourselves are classed as Industrial/Commercial Machinery. Your statutory rights are not affected.
Items sold are subject to availability at the time of an ordering being placed. On rare occasions stock may be unavailable if an item has just gone “out of stock” and in such cases and alternative may be offered or a refund given. In cases where we are acting as a wholesaler, distributor or manufacturers agent for certain items, stock is subject to availability by the corresponding supplier and will be subject to confirmation after any order is placed.
All goods sold by ourselves are intended for, and sold on the condition that they are for not for re-sale and are being used in a commercial or industrial capacity use only. Private individuals may not make purchases and any items bought from us are deemed to have been purchased for business use. The purchaser should check specifications and suitability before ordering. The seller does not warrant the suitability of goods for specific applications and goods are not sold on a trial basis. All sales are final.
Orders are not deemed as accepted until you receive a confirmation from us confirming the order. The order reference number shown on any website transaction is not an order confirmation number and is merely an order reference number.
In the case that a genuine error of pricing is shown on the website and it is glaringly obvious that the price is incorrect, or in the event of any malfunction on the website which may result in a price being incorrectly displayed or in the event that a product is shown as being zero price, the company retain the right to refuse to sell the goods at the incorrect price and will advise the customer of the correct price before any order confirmation is sent.
We are resellers to business customers and as permitted under the Unfair Contract Terms Act 1977 we exclude liability for claims regarding the quality or fitness for purpose of goods or otherwise which consumers can make under the Sale of Goods Act 1979.
We are liable for death or personal injury caused by our negligence. We do not accept any liability for indirect or consequential losses or loss of profits.
Ownership of Rights/Intellectual Property Rights
All rights, including trademarks and copyright in this website are owned by or licensed to the Company. Any use of this website or its contents, including copying or storing it in whole or part, other than for your own personal, non-commercial use is prohibited without the express written permission of the Company. You may not modify, distribute or re-post anything on this website for any purpose
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Accuracy of Content
The Company has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
Use of our Website
When you visit our website, we give you a limited licence to access and use our information for personal use. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under the Copyright, Designs and Patents Act 1988, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Content of our Website
This Web Site, and any content contained on it, is for information purposes only. We do not warrant that any information contained in this web site is accurate, up to date or complete.
We do not accept any liability arising from any inaccuracy or omission in any of the information on this Web Site or any liability in respect of information on this Web Site supplied by you, any other user or any other person.
Hyperlinks
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. We do not vet these websites and do not have any control over their contents. The Company do not accept any liability in respect of the use of these websites.
Linking our website is not permitted, unless specific approval is given in writing by a Director of the company. We reserve the right to serve you with notice if we become aware of such linking.
Damage to your Computer
The Company makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it and to have any anti-virus software, firewall etc. as necessary for the safe use of your own computer. The Company shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Password/Account Security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. The Company shall not be liable to any person or entity for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Privacy Statement
We always try to protect your personal privacy and this privacy statement is here to help you understand what we may do with any information you tell us about. You can access our website home page and browse our site without disclosing your personal data, but if you do give us your personal details, you are accepting these terms. If you do not agree with this privacy policy, do not give us your details. This privacy policy is part of our Terms and Conditions. If you do give us your details and then at a later date decide you do not want us to use your details anymore, please email us at sales@ecatering.co.uk stating your full details and asking us to remove you from our mailing list. If you want to buy things from us, you will need to register on our site. Registration involves you giving us the following personal information: (i) Your title, name and address (including option to save different delivery addresses); (ii) Contact phone number and e-mail addresses; Registration enables you to speed up the ordering process, however, you do not have to register with us until you choose to order.
In the event that you contact us by telephone, please be aware that all calls may be recorded for security, quality and training purposes. All call recordings remain our sole property, and we have no obligation to supply you with a copy of the conversation transcript.
How will we use your details?
Our offers: Once you have registered or purchased with us, we would like to send you product updates, our latest information and special offers. We will not disclose your details to any other company. When you place an order online with us, or register your details. You agree to accept our terms and conditions which will automatically opt you in to receive details of any future offers should we send out email or physical correspondence. If you do not want to receive any such offers in future, please email us at info@caterbay.com to inform us of this. We also use your information to manage your purchases such as sending a confirmation email, and your card payments for goods you buy from us and also to deliver the goods to you. We need to supply your delivery address details to our carrier if they deliver on our behalf. You can check any information that we are holding about you, or ask any questions about this privacy policy by emailing us to request this information at info@caterbay.com
About Cookies and the way we use them
In common with other websites, we do also use “cookies”. A cookie is a small file that a Website puts on your hard drive so that it can remember something about you at a later time. Our online ordering system uses a cookie to record a unique reference on your computer so that we can keep track of your order and retain the contents in your shopping basket. You can control the use of cookies on your computer and can turn them on or off at any time. Please refer to your internet browser. In order that we can monitor and improve the site we may gather certain information about you when you use it including details of your domain name and IP address, operating system, browser, version and the Website that you visited prior to this site. Please note: We do not use cookies to store any of your personal or financial information on your computer.
You can control the use of cookies on your computer by either enabling or disenabling them yourself. You can get more information about cookies at www.allaboutcookies.org.
Card Payment Processing
Our site is independently audited by Payment Sense / First Data, one of the world’s leading providers of PCI Compliance checks to MasterCard, Visa and American Express internationally, on behalf of our credit card processing partner bank RBS. Our site is verified as PCI Compliant, theft protection secure and credit card safe, meaning you are safe to shop with us in the knowledge that every possible measure has been taken to ensure your safety whilst shopping with us and that your identity will be protected. For further details please visit https://www.worldpay.com/uk/sme/saferpayments
When an order is placed over the telephone, we take payment from your card after we have received your order and checked / verified your card via our payment gateway. Once this has been done and the order has been processed, this constitutes our acceptance of your order. When an order is placed on our website, once card payment details are entered by yourself, payment is taken from your card by the appropriate payment gateway you choose at this point, once the details have been checked and verified. Your order is not accepted by us until you receive an email notification advising that your order is being processed or dispatched.
Fraud checks may be conducted on our orders. This involves checks on details provided during the order process including the address details. This may involve your details being passed to a 3rd party fraud checking company. On occasion we may ask for additional information in order to process your order. We will conduct this process as quickly as possible however on occasion dispatch of goods may be delayed.
Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
The price you pay is the price displayed on this website at the time we receive your order. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Title to any products you order on this website shall pass to you on delivery of the products, provided that we have processed and received payment in full for the products.
All prices exclude VAT (where applicable) at the applicable current rates but exclude delivery charges unless expressly stated otherwise.
All credit card transactions are taken in the UK and our transaction currency is in UK Pounds (£).
Security Checks
All orders undergo additional security checks once the order has been placed – this is to protect the Company and cardholders against credit card fraud. As a result some orders may miss our cut-off times for next day delivery, we would advise that these checks normally take up to an hour but on occasion can be longer. We apologise for the inconvenience caused to genuine customers by these important fraud prevention measures.
Availability
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.
Ordering Errors
You are able to correct errors on your order up to the point at which you click on “submit” or “make payment” on the final page of our ordering process. After an order has been submitted, if you realise you have made a mistake, please telephone us on 01772 202028 info@caterbay.com quoting your order reference number.
Links to other Websites
From time to time, we may place links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. The Company do not accept any liability in respect of the use of these websites.
Exclusions of Liability/Disclaimers
We are resellers to business customers and as permitted under the Unfair Contract Terms Act 1977 we exclude liability for claims regarding the quality or fitness for purpose of goods or otherwise which consumers can make under the Sale of Goods Act 1979. We are liable for death or personal injury caused by our negligence. We do not accept any liability for indirect or consequential losses or loss of profits.
Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of the Company or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Changes to Legal Notices
We reserve the right to change these terms & conditions from time to time and you should look through them as often as possible in relation the current terms and conditions applicable to any purchase you are making.
Use of this Website from outside the UK
The Company makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
Law, Jurisdiction and Language
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts. All contracts are concluded in English language.
These terms and conditions do not affect your statutory legal rights.
Should you need to write to us, please address all correspondence to
CaterBay Ltd, The Warehouse, 55 Brockholes View, Preston. PR1 4BH
If you would like to find out more information about any of our products then please call us on 01772 202028 or email us on; info@caterbay.co.uk
55 Brockholes View, Prestion PR1 4BH