Terms of Sale

Last updated: 29th May 2015

Company details

Red Hot Chilli Northwest Ltd. 27 Winwick Street, Warrington, Cheshire WA2 7TT 01925 242623

Site built by Jon Richards

VAT details

Company Reg No. 08244972 VAT Reg No. 878 3946 55 Reg Office: St Georges Court, Northwich, Cheshire CW8 4EE

Summary Of Terms And Conditions

(For full Terms and Conditions please read in full)

 

Conditions of Sale

  • All our Goods are sold as seen, unless specified.
  • We strongly advise you view Goods before purchasing.
  • Though we take care when measuring items, they are given for guidance only.
  • We will not be held responsible if the sizes are not truly accurate.
  • All items are sold with a 30 day return to base warranty, parts only.
  • Return delivery is to be paid by the customer.
  • Damage from negligence or failure of the customer to use the goods for their intended purpose is not covered by this warranty.

Payment

  • When paying for goods, we accept only Cash or BACS payments.
  • Red Hot Chilli Northwest Ltd invoices are based on the VAT Second hand margin scheme.
  • Deposits are non-refundable.
  • Goods must be paid for prior to delivery.
  • All items remain property of Red Hot Chilli Northwest LTD until paid in full.
  • By paying an invoice for goods issued by Red Hot Chilli Northwest LTD it will deem that you are in agreement with the company’s terms and conditions.

Storage and Reservations

  • We can reserve Goods for up to two weeks with a non-refundable deposit.
  • Once Goods have been fully paid for, we can store them for up to two weeks free of charge, at the manager’s discretion.
  • Reserved equipment is stored at the customers risk.
  • We will take care to store items securely but cannot be held responsible if items are damaged in storage.

Delivery

  • We recommend a trusted third party courier delivery. As of this, all prices exclude cost of delivery unless stated.
  • Delivery charges are quoted for door to door, driver only transport.
  • You must confirm with the transport company that all goods are insured while in transit.
  • You must inspect the Goods on delivery. If any goods are damaged or not delivered or any alleged shortage in quantity, you must write to tell us within 24 working hours of delivery or the expected delivery time.
  • You must give us (and any carrier) a fair chance to inspect the damaged Goods.
  • If you do not inform us within 24 working hours then you will be deemed to have accepted the Goods.

Installation

  • We accept no responsibility for installation of appliances, and all machines must be fitted by a fully qualified engineer.
  • Damages caused by failure to correctly fit the equipment is not covered by our warranty.  

Delivery and Specification

1. Delivery will, unless otherwise agreed by the company, be at your premises to the rear of the delivery vehicle. You have 24 hours from day of delivery to report in writing any faults and damage to goods. The company will not be liable for faults reported after this period. You will be responsible for arranging at your own expense at delivery for a sufficient number of suitable personnel and equipment for unloading the goods from the delivery vehicle and the Company accepts no liability in respect thereof (including any damage to or loss of goods arising from the use of such personnel) and you will indemnify the Company from any costs or expenses to it (including of return transport storage and further delivery) as a result of any failure by you to make such arrangements or in respect of delivery other than at your premises as herein provided.

2. Risk of damage to or loss of the goods will pass to you on delivery.

3. If you refuse or fail to take delivery of goods tendered in accordance with the contract the Company will be entitled to immediate payment in full for the goods so tendered. We will be entitled to store at your risk any goods of which you refuse or fail to take delivery and you will in addition to the purchase price pay all costs of such storage and any additional costs incurred as a result of such refusal or failure. The Company will be entitled after the expiration of 1 month from the date upon which the price became payable to dispose of the goods in such manner as it may determine. 

Warranties and Limitation of Liability

4. Subject to the terms and conditions detailed below Company warranty includes back to base warranty only. Warranty cover will not deviate from this unless clearly stated otherwise.

4A. The warranty period commences from the date of the invoice unless otherwise agreed. Incorrect or dishonest information included in the invoice will invalidate your warranty. If the equipment does not meet legal connection requirements, your warranty will be terminated.

4B. Warranty is contingent upon your equipment being installed and in operation within 24 hours of delivery. This is to safe guard the company against improper storage or mishandling.

4C. If your equipment has a fault which requires a ’Back to Base’ repair, the Company is entitled to request that the equipment is brought back to us at the customers expense to fix it on their own premises.

4D. The Company is not liable for the cost of the repair of any client induced damage. Problems resulting in poor housekeeping issues such as blocked drainage are the client’s responsibility to put right. All service engineers costs incurred by such an event must be covered by you the client. A retrospective invoice will be issued for immediate settlement.

5. Disconnection and reconnection of equipment may be necessary to allow repair to take place, this will be done at the client’s cost. The above warranty is given by the Company subject to the following conditions:

The Company will be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, faults caused by scale or calcium build up, failure to follow the Company’s instructions (weather oral or in writing), misuse or alteration or repair of the goods without the company’s approval;

The Company will be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment;

All required parts covered by the warranty must be supplied by Red Hot Chilli Northwest only. Any parts fitted without Red Hot Chilli Northwest’s approval will be in breach of the warranty

The warranty does not cover second hand taps, faucets, pre rinse sprays and consumable parts such as door seals, washers, gaitors or any other perishable parts.

It is the responsibility of the client to ensure that the right equipment is purchased for the intended purpose and work load. The company is not responsible for any problems which may arise due to equipment misused or overworked.

It is imperitave the client ensures that all equipment is used within a suitable working environment. Any failures of equipment due to poor environmental issues, such as lack of air circulation, are the responsibility of the client. Any costs incurred will not be paid by the Company.

The Company is not liable for the costs of any service calls that have not been authorised by the Company in writing. Engineer visits ordered by the client will not be paid for by the Company.

Any stock lost due to equipment failure will not be compensated for by the Company.

6. Except in respect of death or personal injury caused by the Company’s negligence, the Company will not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at the common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by you, and the entire liability of the Company under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these terms and conditions.

7. Subject as expressly provided in these terms and conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contact Terms Act 1977), all warranties, conditions or other terms implied by the statute or common law are excluded to the fullest extent permitted by law. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these conditions.

NOTE: If after the first warranty call-out we are advised the fault was caused by user or installation error, we will ask customers to contact their own engineer at their cost to make good the repair OR we shall arrange for our engineers to visit with a subsequent invoice issued to cover repair costs.

8. For goods covered by a parts and labour warranty an engineer will be arranged by the Company and will be charged under the warranty unless on inspection it appears that the fault or damage is due to the willful damage or negligence, abnormal working conditions, failure to follow the Company’s instructions, or misuse or alteration or repair of the goods without the Company’s approval. In such circumstances the Company may charge you the costs of the engineer and any goods provided by him, to be payable within 7 days of demand. For goods covered by a parts only warranty, all engineer charges will be payable by you. In these circumstances, once the engineer has established the parts required, the Company will arrange for their replacement under warrant (unless due to your willful damage etc as above). This will be done upon receipt of the faulty parts from you. All replaced parts must be returned to the Company upon completion of the repairs at which stage the Company will, for valid warranty claims, arrange for repayment to you of any payments made on account of replacement parts. Think we should remove this bit as we

The customer is responsible for making sure that the equipment supplied is in the correct environment and to the manufacturers specifications.

9. Warranty claims must be made in writing (which may include email) before any action will be taken by the Company.

10. Any stock lost due to equipment failure will not be compensated for by the Company.

Claims and Returns

11. All goods must be inspected by you upon delivery. As claim which is based on any defect in the quality or condition of the goods or their failure to correspond with specification or damage caused before delivery to you must (whether or not delivery is refused by you) be notified to the Company within 24 Hours from the date of the delivery (or where the defect or failure or damage was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure or damage. Such notice must include full details of the goods to which the claim related, the defect failure or damage and cause (if known). If delivery is not refused, and you do not notify the Company in accordance with this clause, you will be deemed to have accepted the goods and will not be entitled to reject them and will be bound to pay full price as if the goods has been delivered in accordance with the contract and the Company will have no liability for such defect or failure or damage. 

Force Majeure

12. The Company will not be liable to you or be deemed to be in the breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations under the contract if the delay or failure was due to any cause beyond the Company’s reasonable control or its in ability to procure services materials or articles required for such performance.

General

13. Any failure or delay by the Company in exercising any of its rights under this contract will not prevent the Company from exercising those or any other rights in the future.

14. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and the remainder of the provision in question will not be affected.

15. English law will apply to the contract, and the parties agree to submit non-exclusive jurisdiction of the English courts.

16. My contract will be with you, and only you, as the requester of my services. If approaches are to be made directly to me for surcharges from the venue owner or its management, either prior too, during or after the delivery, I shall refer such requests for your attention.

17. Costs are based on work carried out at the delivery address, and to the satisfaction and completion of tasks, quantities and specification included. Work required outside these areas may be subject to additional charge.                                                                                                                                                                                                                                        

18. Quoted costs are based upon efficiencies achieved in performing the whole package of tasks, however, costs may be altered if the scope of service is significantly altered following the submission of this proposal.