Page 99 - Professional_Catering

Terms and Conditions of Sale /

Unless otherwise agreed in writing these conditions PROPERTY IN GOODS: CLEANING - MAINTENANCE:
constitute the only conditions upon which DELABIE Notwithstanding any agreed terms of sale, the goods shall Clean with slightly soapy water only, using a soft cloth or
UK Ltd. ("The Company") is willing to supply the goods remain the property of the seller until payment is made in sponge, rinse and dry thoroughly. Do not use abrasive or
specified. full. The failure to meet a payment deadline may result in the chlorine-based products (with a hydrochloric acid base),
reclamation of these goods. The buyer assumes the risks or dyes.
The Company does not sell directly to members of of loss or damage, regardless of the means of delivery, as PHOTOGRAPHS AND DRAWINGS:
the public: described in "DELIVERY TIMES" and "SHIPPING" above, All photos, drawings or illustrations are for illustrative
- The price list is provided for guidance only and does not as well as liability for the damage they might cause. purposes only, without contractual obligation, and may be
constitute a contract. The wholesalers and installers are WARRANTY AND RESPONSIBILITY: subject to change without notice. We reserve the right to
free to determine their prices in accordance with current Our finished goods are warrantied against any modify designs and dimensions without notice and without
regulations, taking into account their costs, services and manufacturing defect for a period of 10 years, including recourse. This applies to all references, dimensions,
warranty costs they bear. electronic controls, excluding other electrical accessories information contained in various documents, catalogues,
- The Terms and Conditions are valid for all wholesale (e.g. hand dryers, etc.) which have a 3-year warranty from installation guides, price lists and websites, which can be
customers.
For all other professionals (manufacturers, export, etc.) or the invoice date. This does not apply to products with an modified or discontinued at any time without notice.
expiry date. Spare parts have a one-year warranty.
for any special manufacturing request, please contact us. INTELLECTUAL PROPERTY AND USE OF CONTENT:
This warranty is limited to replacement or repair of
ORDERS AND QUOTATIONS: defective components as determined by our workshops The content (including but not limited to the information,
images,
data,
graphics,
videos
visuals,
photos,
and
text,
These will be processed in order of receipt. in France but excludes the costs of spoilage, handling and soundtrack, and the format of all these elements and our
We do not accept open orders or orders for call-off. carriage or compensation, whatever they are. We are not catalogues, websites, etc.) are protected under copyright
All orders sent imply acceptance of our general terms and responsible for handling charges and the cost of returning and/or other intellectual property. The contents are the
conditions of sale and customers waive any claims that may products to our workshops. sole property of their respective editors. Any copying,
arise from clauses in their own documentation which may Disasters or major water damage as a result of reproduction, use, adaptation, alteration, modification,
differ. manufacturing defects are covered by our product and/or translation, dissemination, complete or partial, of content,
The customer agrees to these terms from the moment that public liability insurance. whether they belong to DELABIE UK Limited or a third
we receive the order, which cannot be cancelled. Orders Our warranty and responsibility does not include the party which has granted the rights to DELABIE UK Limited,
are accepted without obligation to deliver the order in full following: by any means whatsoever, is illegal except for the limiting
in one delivery. - installation that does not comply with the technical rights that are granted below, and/or private copying for
Our commercial representatives are not authorised specification or current recommended guidelines; the exclusive use of the copier. The content presented in
to agree additional terms verbally, or to provide verbal - worn parts; our communication and business tools may be subject to
guarantees beyond those provided in the written contract. - non-compliance with installation, user and maintenance change without notice and are provided without warranty
In the event of default or delayed payment, the Company guides; of any kind, express or implied, and cannot give rise to
will be entitled to suspend deliveries or cancel existing - other factors independent of our products’ quality, for any right to compensation. Protected content may be
orders without any claim for damages from the customer. example: detergents or abrasive cleaning products, specifically identified by the following copyright notices: ©
In the event of a change in circumstances of the buyer, we the action of hard water, foreign bodies (e.g. gravel, or "All rights reserved".
reserve the right to cancel existing orders or to demand sand, iron filings, scale, etc.), chemical and electrolytic
payment guarantees. phenomenon; The names and logos appearing in our catalogues and
Our quotes do not amount to specifications; specifiers - lack of supervision, poor storage or poor maintenance; websites are registered trademarks. These distinctive
and professional installers are solely responsible for the - product modifications or actions by the customer, or a marks are the exclusive property of DELABIE UK Limited
choice of products according to their intended use, current third party, without our authorisation using non-DELABIE or third parties who have granted the rights to DELABIE
regulations and recommended guidelines. components and/or consumable items. UK Limited. Any use, complete or partial reproduction, or
- products past their expiry date. imitation of these marks is prohibited without prior express
PRICE: The water-tightness of connections, joints and the product consent of DELABIE UK Limited.
Deliveries are invoiced according to the conditions in place housing is the responsibility of the professional responsible Alteration and modification of the contents or their use
at the date of despatch. Prices are given without guarantee for installation, and must be guaranteed by them. Warranty for any purpose other than that authorised, constitute an
and they may be changed without notice subject to excludes joints, valves, washers and rubber seals. However infringement of DELABIE UK Limited’s, or a third party’s,
fluctuations in costs, VAT or other taxes, according to the they would be supplied if the warranty application requires property rights. With the following limitations, DELABIE
prevailing economic conditions. them. Any finishes other than chrome or nickel are also UK Limited grants you the right to download and distribute
Price increases will be announced one month prior to their excluded from the warranty. the content:
application, and they apply to quotes and orders in hand. In the event that the product has been discontinued or - where the download function exists
Orders will be despatched free-of-charge for all deliveries manufacturing methods have changed and replacements - for non-commercial purposes
within mainland UK, excluding express deliveries. are not available, similar alternative products will be - in good faith
PAYMENTS: offered. Replacement under warranty will not extend the - for maintaining the proprietary notices intact, and for
Unless otherwise stated, prices quoted are ex-works and duration of the original warranty. the publication or posting of existing content online, if
are exclusive of value added tax. All prices will be subject Legal warranty of latent defects applies in any event. such information is stated. This right should in no way be
to any value added tax at the appropriate rate. Payment SPARE PARTS: interpreted as a trademark or copyright license for the
terms, subject to credit approval and prior agreement, are Spare parts and mechanisms that are essential to ensure aforementioned content.
strictly 30 days from invoice date. According to individual the correct operation of our products will be held in stock PERSONAL DATA PROTECTION:
credit conditions and/or insurance requirements The for the duration of the guarantee. They are listed at the In line with the General Data Protection Regulation
Company reserves the right to request payment in advance back of our catalogues. (GDPR), DELABIE is doing everything necessary to limit
of despatch of goods on receipt of order. We do not give to a bare minimum the collection of personal data, and its
discounts for early payment. RETURNS: conservation and ensure its protection.
The company understands and will exercise its statutory Goods may not be returned to us for credit without our prior DELABIE only uses this data for its own use for purposes of
right to claim interest and compensation for debt recovery written approval obtained by the buyer from the Company information and commercialisation of its products. It is not,
costs under the Late Payment of Commercial Debts and they are received in a good state (determined by our under any circumstances, given to third parties.
(interest) Act 1998 legislation if invoices are not paid goods inwards department). All transportation costs for The right of access, rectification, removal and opposition
according to agreed credit terms. returned goods must be paid by the buyer. Goods must be to the processing in addition to the limitation and
In the case of late payment a cash payment may be returned to our factory* with good protective packaging. transferability of your data is possible on request to our
required, replacing existing conditions. Deliveries less than a month old will be refunded at the Data Protection Officer (DPO) at DELABIE via email
We will not accept any set-off, only our assets have a legal invoiced price. For deliveries older than one month, (dpo@delabie.fr) or recorded delivery with a photocopy of
value. a deduction will be made for checking, handling and a photo ID to the following address: DELABIE, Henderson
administration costs. A repair and re-stocking fee will apply
DELIVERY TIMES: where appropriate. House, Hithercroft Road, Wallingford, OX10 9DG.
Despatch dates are indicative only and we shall not be Product returns are not permitted in the following To improve our services and for training purposes, calls
liable for any delay or failure in carrying out our obligations circumstances: discontinued products, specially to DELABIE may be recorded. These recordings will not
where the delay or failure to deliver is caused by risks of manufactured products, technical or aesthetic evolution be retained, and will be systematically deleted within
manufacturing or where the cause is beyond our control. of the product since the date of purchase, scratched or a maximum period of 48 hours.
Delivery delay will not give rise to compensation payment damaged products, products purchased more than one TERRITORIAL EXCLUSIVITY:
or goods rejection. year previously, products with an expiry date. If sent to Our wholesalers are authorised to sell in the UK and its
SHIPPING: DELABIE, those products outside the scope of returns offshore territories. For all other countries, the Company
Orders are sent to our distributors. We do not deliver to site. will be immediately destroyed/recycled, and will not be has entered into exclusive agreements with import and
The buyer assumes responsibility for carriage and packing returned to the customer. distribution companies.
costs for deliveries outside mainland UK. The carrier is The schedule of standard deductions is as follows: In this context, our UK customers cannot sell our products
solely responsible for their delivery, and in the event of delay, - return less than 1 month: refund at invoiced price outside their national borders unless they have express
missing items, damage or other dispute, the customer must - return between 1 and 3 months: deduction of 15% agreement from us.
indicate this via the delivery driver’s paperwork (either - return between 3 months and 1 year: deduction of 30% JURISDICTION:
electronically or in hard copy) AND follow up with written - return after 1 year: no refund possible. These terms of business are governed by English and Welsh
notification sent by recorded delivery within 24 hours. - return without prior agreement: additional deduction law. Acceptance of an order in stock constitutes a contract
A copy of this letter must be addressed to us. of 5% of the value of the goods with a minimum value under English and Welsh law. All disputes arising from the
of £50 excl. VAT.
CLAIMS: * DELABIE S.A.S. contract in connection with these terms shall be subject
No claim will be allowed where the delay in reporting 18, rue du Maréchal Foch to the exclusive jurisdiction of the English Court, even if
exceeds 8 days following receipt of the goods. 80130 Friville Escarbotin – FRANCE there is an appeal and there are multiple defendants, and
The whole of the delivery cannot be rejected because of regardless of the delivery location or stipulated payment.
partial damages and shortages. The Company may vary these terms of business from time
to time by giving you reasonable written notice. All clauses
to the contrary will be considered void by the mere fact of
having dealt with our company.
Copy forbidden without our written agreement.
DELABIE UK Limited Reg No: 1764854 England