Standard Terms & Conditions of Sale
DEFINITIONS and GENERAL
- The Company – Lincat Limited, Whisby Road, Lincoln LN6 3QZ
- The Buyer – the person, firm or company contracting with the Company.
- The Contract – any contract between the Company and the Buyer for the sale and purchase of goods upon these terms and conditions.
- All orders are accepted subject to these Conditions of Sale which shall apply to the exclusion of any terms or conditions put forward by or on behalf of the Buyer.
- No variation, waiver or addition to these conditions, whether written or oral, shall have effect unless agreed in writing by the Company.
- Although every effort has been made to ensure that the illustration, price, description, measurement and specification of goods in our catalogues and brochures are correct such information is published for the sole purpose of giving an approximate idea of the goods represented by or described in them. They will not form part of the Contract and this is not a sale by sample. Where any such details are important the Buyer should themselves verify the information before placing an order.
- The Company reserves the right to modify or vary the design, specification or finish of any of our products without notice.
- The Buyer shall be responsible to the Company for ensuring the accuracy of any order.
- No order which has been accepted by the Company may be cancelled except on terms that the Buyer shall indemnify the Company against all loss (including loss of profit), costs (including the cost of all material and labour used) damages, charges and expenses incurred by the Company as a result of cancellation.
PRICE OF GOODS
- The price of the goods shall be the price listed in the Company’s published price list current at the date of despatch of the order less agreed discount.
- The price of the goods is exclusive of Value Added Tax, which will be charged at the applicable rate at the date of invoice.
- The price of the goods includes the cost of carriage by the Company’s standard three day service to mainland England, Scotland (excluding Highlands) and Wales. Deliveries to other destinations will be charged separately where the Company undertakes delivery of the goods.
- In the event of any increase in the cost to the Company of supplying the goods caused by any reason whatsoever the Company may on giving notice to the Buyer at any time before delivery adjust the price.
TERMS OF PAYMENT
- The Buyer shall pay the price of the Goods without any deduction within 30 days of the end of the month in which the goods are invoiced. Time for payment will be of the essence. No payment will be deemed to have been received until the Company has received clear funds. All sums payable under the Contract will become due immediately upon termination of the Contract. The Company reserves the right to claim settlement of any outstanding amounts due before this date if there is any change in the financial circumstances of the Buyer.
In the event that any payment due to the Company is withheld or delayed the Company reserves the right:
- to suspend any further deliveries to the Buyer
- charge interest at 2.5% pa above the base lending rate from time to time of the Royal Bank of Scotland Plc on the amount outstanding from the date when payment becomes due until the date of payment
- to recover from the Buyer on a full indemnity basis together with interest thereon all costs incurred by it in obtaining payment including solicitor’s fees and costs associated with so doing.
- The Company will use reasonable endeavours to deliver the goods within the time agreed when the Buyer places an order and, if no time is agreed, then within a reasonable time, but the time of delivery will not be of the essence. If, despite those endeavours, the Company is unable for any reason to fulfil any delivery or performance on the specified date, the Company will be deemed not to be in breach of the Contract, nor (for the avoidance of doubt) will the Company have any liability to the Buyer for direct, indirect or consequential loss (all three of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence) by any delay or failure in delivery except as set out in this condition.
- Any costs incurred due to inadequate site access shall be charged to the Buyer.
- If the Buyer fails to take delivery of the goods the Company shall be entitled to invoice and be paid for the goods as though they had been duly delivered. The Company may arrange storage of the goods until actual delivery and charge the Buyer for the reasonable costs of storage.
- It is the Buyer’s responsibility to inspect the goods at the time of delivery. The Company accepts no responsibility for alleged non-delivery, shortfall of goods, damage on delivery or other discrepancy unless notification in writing is received within 24 hours from the date of delivery. In the absence of such notification the Buyer shall be deemed to have accepted the goods.
- Goods despatched to the Buyer and subsequently accepted for cancellation by the Company will be subject to an abortive delivery charge, as well as any cancellation charge deemed necessary by the Company.
- The Company at its absolute discretion may agree to the return of goods by the Buyer within 28 days of delivery, provided that the goods are returned at the Buyer’s expense, in the same condition and in the original packaging.
- Any goods agreed by the Company as acceptable for return for any reason (excluding faulty goods) will be subject to a restocking charge of 25% of the net invoiced price, together with the reimbursement of any expense incurred by the Company as a consequence of the return of said goods to the Company’s stock.
RISK AND PROPERTY
- Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the goods, the time when the Company has tendered delivery of the goods.
- Notwithstanding delivery and the passing of risk in the goods the property in the goods shall not pass to the Buyer until the full price of the goods and goods which are subject to any other contract between the Buyer and the Company is received in full in cash or cleared funds.
- Until such time as the property in the goods passes to the Buyer they shall be held by the Buyer in a fiduciary capacity and stored by the Buyer at its premises in such a manner that they are clearly identifiable as the goods of the Company and shall be kept separate from any other goods whether or not supplied by the Company. Until that time the Buyer shall be entitled to sell the goods in the ordinary course of its business but shall account to the Company for the proceeds of sale.
- Until such time as the property in the goods passes to the Buyer the Company shall be entitled at any time to require the Buyer to deliver up the goods to the Company and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the goods. The Buyer hereby grants an irrevocable licence to the Company for this purpose.
WARRANTY, EXCLUSION OF LIABILITY AND INDEMNITY
In respect of goods (excluding spare parts and consumable items such as door seals, filters, bulbs, glass and LTX toaster elements) which are proved to the reasonable satisfaction of the Company to be damaged or defective due to defects in material or workmanship, the Company will, free of charge, within a period of 24 months from the date of resale of such goods by The Buyer, either (at the Company’s option):
- repair such goods; or
- replace such goods; or
- refund the purchase price of the goods.
The obligation in condition 9.1.1 above will not apply where:
- the goods have been improperly altered in any way whatsoever, or have been subject to misuse or unauthorised repair;
- the goods have been improperly installed or connected;
- any maintenance requirements relating to the goods have not been complied with.
- the goods are gas powered and have been installed into a mobile catering outlet such as, but not limited to, a catering trailer, in which case the Company’s obligation is limited to the free-of-charge supply of spare parts.
- Any goods which have been replaced will belong to the Company. Any repaired or replacement goods will be liable to repair, replacement or refund under the terms specified in condition 9.1.1 for the unexpired portion of the 24 month period from the original date of resale of the repaired or replaced goods.
- In respect of goods (excluding spare parts and consumable items such as door seals, filters, bulbs, glass and LTX toaster elements) which are proved to the reasonable satisfaction of the Company to be damaged or defective due to defects in material or workmanship, the Company will, free of charge, within a period of 24 months from the date of resale of such goods by The Buyer, either (at the Company’s option):
Exclusion of liability
- In the event of any breach of the Company’s express obligations under Conditions 6.1, 9.1.1 and 9.1.3 above the remedies of the Buyer will be limited to damages.
The Company does not exclude its liability (if any) to the Buyer:
- for breach of the Company’s obligations arising under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982
- for personal injury or death resulting from the Company’s negligence
- under section 2 (3) Consumer Protection Act 1987
- for any matter which it would be illegal for the Company to exclude (or to attempt to exclude) its liability, or
- for fraud.
Except as provided in Conditions 6.1 and 9.1.1 to 9.2.2 the Company will be under no liability to the Buyer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
- any of the goods, or the manufacture or sale or supply, or failure or delay in supply, of the goods by the Company or on the part of the Company’s employees, agents or sub-contractors
- any breach by the Company of any of the express or implied terms of the Contract
- any use made or resale by the Buyer of any of the goods, or of any product incorporating any of the goods; or
- any statement made or not made, or advice given or not given, by or on behalf of the Company
- or otherwise under the Contract
- Except as set out in conditions 6.1 and 9.1.1 to 9.2.2 the Company hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Buyer.
- Each of the Company’s employees, agents and sub-contractors may rely upon and enforce the exclusions and restrictions of liability in conditions 6.1 and 9.2.1 to 9.2.3 in that person’s own name and for that person’s own benefit, as if the words “its employees, agents and sub contractors” followed the word Company wherever it appears in those conditions save each reference in condition 188.8.131.52
- The Buyer acknowledges that the above provisions of this Condition 9 are reasonable and reflected in the price which would be higher without those provisions, and the Buyer will accept such risk and/or insure accordingly.
- Subject to condition 9.2.2 the Company’s aggregate liability under the Contract whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) and howsoever arising to the Buyer will be limited to the price of the goods.
- The Company shall not be liable in respect of any breach of contract due to any cause beyond its reasonable control including Act of God, inclement weather, flood, lightning or fire, industrial action or lockouts, actions of government departments, war, riot or terrorism, or the action of any party for whom the Company is not directly responsible.
- If any condition or part of the Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provisionn will, to the extent required, be severed from the Contract and will be ineffective without, as far as is possible, modifying any other provision or part of the Contract and this will not affect any other provisions of the Contract which will remain in full force and effect.
- The Contract contains all the terms which the Company and the Buyer have agreed in relation to the goods and supersedes any prior written or oral agreements, representations or understandings between the parties relating to such goods. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
LAW AND JURISDICTION
- The Contract shall be governed and construed in all respects in accordance with the Laws of England and shall be subject only to the jurisdiction of the English Courts.
Clarified warranty conditions
Installation – Equipment should be installed by a qualified person and located as per the instructions. Supplied services (Gas, Electricity and Water) should meet the specification supplied with the equipment and conform to current regulations. Gas pressure must meet the specification in the installation manual.
Maintenance - Users are required to regularly clean equipment and ensure servicing is carried out when required. Gas equipment should be serviced at least annually.
Modifications – any modification to the equipment will invalidate the warranty.
User damage – any damage to the equipment that affects its usage will invalidate the warranty. This includes use of incorrect cleaning agents.
Service engineer visits are made between 8:30 a.m. and 5:00 p.m. on weekdays.
It is the customer’s responsibility to ensure that the service engineer can access the equipment to effect repairs. Waiting time and abortive calls will be charged to the customer.
3. General exclusions
Gas products are supplied for either LPG or Natural Gas use and must be connected to the correct gas. All installations must conform to current gas regulations. Gas supplies must attain the minimum pressure levels as indicated in the instructions at all times. If a regulator is supplied with the unit then it must have been fitted correctly and set to the required pressure.
Electric (excluding equipment supplied with BS 1363 plugs)
All products must be connected to supplies with the correct voltage and phasing by a qualified electrician and comply with current regulations.
Water – all except filter flow
Any issue identified as a result of the water supply, e.g. water pressure or water hardness is not covered by the warranty. De-scaling is chargeable to the customer. Filter systems must be capable of maintaining correct levels of treated water, and users must ensure filters are changed regularly.
Specific general exclusions
- Damage to control knobs and buttons due to misuse.
- Discolouration of components due to heat.
- Resolving drainage problems where drainage does not meet requirements.
- Lubrication of moving parts.
- Corrosion caused by the use of chemical cleaners.
- Replacement of components due to internal contamination as a result of spillage or accumulation of grease/food debris due to a lack of cleaning.
- Cabinet, drawer and door seals are considered consumable items and will not be replaced under warranty.
- Light bulbs and lens covers are considered consumable items and will not be replaced under warranty.
- Enamel coated components if impacted sufficiently will crack or chip, such damage is not covered by the terms of this warranty.
- Rectification where non-Lincat specified parts have been used.
- Where user error is established.
4. Additional exclusions by type
- Poor combustion caused by lack of cleaning.
- Failure of components directly linked to poor cleaning and/or maintenance.
- Cleaning of burners jets.
- Cleaning/adjustment of pilots and thermocouples.
- Correction of gas pressure to the appliance.
- Lubrication of gas valves.
- Renewing of gas supply fittings external to the appliance.
- Resetting of safety devices including fuses where no other fault exists.
- Renewing of supply cable ends.
- Failure to replace the filter with a Lincat supplied item.
- Descaling of the unit.
- Damage to the elements resulting from mechanical descaling e.g. using a scraper.
- Cleaning and un-blocking of fryer filter systems due to customer misuse.
- Replacement of components damaged by cooking oils due to a lack of cleaning and care when replacing oil.
- Damage to thermostats.
- Damage resulting from lack of water flow to the unit.
- Chipped or damaged glass not reported at time of delivery.
- Damage due to blocked or missing air filters.
Chargrills and salamanders with Ceramic burners
- Impact damage caused by the user.
Chargrill Radiant covers
- Radiant covers are considered consumable items and may corrode if not regularly cleaned due to prolonged contact with salt and fats and will not be replaced under warranty.
- Damage to heaters due to failure to replace radiant covers is not covered by the warranty.
Heated and chilled food displays
- Chipped or damaged glass not reported at time of delivery.
- Damage to components resulting from restricted airflow to inlets and outlet.
- Damage to components resulting from accumulation of airborne particles.
- Condensation on cold surfaces if units are installed in environments beyond specification.
5. Replacement units additional conditions
Lincat may choose to replace a unit that requires repair.
Lincat reserve the right to send and engineer to attempt a repair before a replacement is offered.
If no fault is found Lincat reserves the right to charge for the replacement. Acceptance of delivery of a new unit is acceptance of this condition by the customer.
Any goods which have been replaced will belong to the Company. Any repaired or
replacement goods will be covered for the unexpired portion of the original warranty.