Trade and Conditions

Equipment ‐ Delivery, Installation and Warranty Terms.

DELIVERY.

All item prices include Delivery, Positioning & Commissioning as standard. Installation (Electrical, Water, Waste & Gas) will be a quoted separately if required by client.

TERMS AND CONDITIONS.

Please refer to the ECATERSTORE full Terms and Conditions. If required, these are available on request from your local ECATERSTORE Office.

INSTALLATION AND WARRANTIES.

Where warranties apply these are subject to equipment being properly cleaned, maintained and regularly serviced. Warranty cover is limited to normal working hours, i.e. 9am ‐ 5pm Monday to Friday and, in certain instances, may be restricted to Republic of Ireland only.

Warranties for some smaller portable appliances may be operated on a ‘return to manufacturer’ basis. Where the unit price includes installation, testing and commissioning the following scope of service applies:

(i) Relevant live services being suitably terminated within 1m of connection point of unit (and conforming to current legislation).

(ii) Services conforming to equipment requirement i.e. softened water, correct water pressure, correct drain outlet, correct electrical isolator, electrical earth bonding and sufficient gas supply.

NB: Current regional legislation covering the installation of gas equipment in commercial establishments should be adhered to including any requirement for a gas interlock device to be fitted to your extraction system when new gas equipment is being installed.

(iii) Work carried out during normal working hours 9am ‐ 5pm Monday to Friday and in one continuous period.

(iv) Site being on ground floor location and level, clear and free of other trades (builders, engineers etc).

(v) Site access to allow equipment to be positioned easily i.e. doorways large enough, suitable lifts where necessary, any alterations by others if required.

(vi) Excludes disconnecting other equipment and removing from site unless stated.

IMPORTANT: All installations are subject to a final site survey and any works required as a result of non‐compliance with the above conditions may be subject to additional charges.

(vii) Preventative maintenance contracts are available on all equipment sold.

CE CERTIFICATION.

The CE mark shows that a product complies with all the relevant directives and regulations in order to be sold on the European market. These directives are mandatory and compliance is the legal responsibility of the importer or agent. We are pleased to confirm that all equipment offered in our quotation is CE marked, to conform to the following applicable directives:

Machinery Directives (89/392 EEC)
Electromagnetic Compatibility Directives (89/336 EEC)
Low Voltage Directive (72/23 EEC)
Gas Appliance Directive (90/396 EEC)

All items quoted comply with HACCP regulations.

LEAD TIMES.

Stock availability is subject to variation and lead times should be checked at the time of ordering.

THE WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE) DIRECTIVE (REG.NO.WEE/HJ0256QW).

As an importer and distributor for the business to business market, ECATERSTORE is committed to the protection of the environment and therefore to the implementation of the WEEE directive. The most practical method to achieve compliance is to offer customers a collection and disposal service at the end of their equipment life cycle. This service will be chargeable.

GENERAL INFORMATION.

All information is correct at time of going to press and is subject to change. ECATERSTORE reserve the right to alter specifications and prices without prior notice. Measurement specifications are approximate and are quoted as width x depth x height.

ALL PRICES EXCLUDE V.A.T.

GLOSSARY OF TECHNICAL TERMS.

For your information and guidance please note the following explanations of some of the technical terms used. In cases of doubt, or for further information, ring your local ECATERSTORE Office or seek suitable professional advice.

ELECTRICITY

SINGLE PHASE:

Indicates 240 volts supply required with live, neutral & earth connections and needing installation by a qualified electrician.

THREE PHASE:

Indicates 415 volts supply required with 3 x live, neutral & earth connections and needing installation by a qualified electrician.

GAS.

BSP CONNECTION:

Indicates British Standard Pipe size.

NB. All gas equipment should be specified Natural Gas or LP Gas prior to order confirmation.

WATER.

CLASS ‘A’ AIRGAP:

Enables connection to a mains water supply and provides an air gap to prevent back flow and contamination of water supply.

DRAIN PUMP:

Allows waste water to effectively be pumped away from the waste stack where this is above ground level.

BOOSTER PUMP:

Required when the water supply pressure is below 1.5 bar/22.5 pounds per square inch.

TERMS AND CONDITIONS OF SALE AND DELIVERY.

All Contracts for the supply of goods ("Goods") entered into between ECATERSTORE, Unit 8a Mulcahy Keane Estate, Greenhills Road, Dublin 12.

(“The Company") and any person, firm or company ("the Buyer") are subject to the terms and conditions set out hereunder.

PRICES.

1. (i) Unless otherwise specified by the Company in writing:‐

(a) All prices quoted are exclusive of Value Added Tax; and

(b) Are subject to variation without prior notice.

(ii) Save as aforesaid the Company's prices obtaining at date of delivery will apply;

(iii) Each quotation is for the stipulated quantities only and shall not apply to any other quantity or to any other order or enquiry;

(iv) The cost of installation, demonstration and commissioning of machines shall also be deemed excluded from any prices quoted, unless otherwise previously agreed in writing.

(v) All quotations are valid for 30 days from date of quotation, prices may have to be revised after that date.

CREDIT ACCOUNTS.

2. The purchase of the Goods on credit will be deemed to be acceptance of these terms and conditions.

3. Credit accounts shall be settled within 30 days of the date on which the Goods are invoiced ("the due date"). In the event of any such account, or part thereof, remaining unpaid after the due date, then payment for all Goods delivered by the Company to the Buyer at any time (including Goods delivered after those to which such unpaid account relates) shall be payable immediately and, in addition, the Buyer shall pay to the Company simple interest at 2% per month on the outstanding balance from time to time from the due date until payment of such account (or outstanding part thereof) is made in full. The Buyer will also re‐imburse any bank fees and/or charges incurred by the company in the operation of this account.

4. The Company reserves the right to refuse to supply the Buyer, or to deliver Goods on foot of orders thereof previously accepted by the Company from the Buyer, if:‐

(i) The Buyer's account is overdue or its general credit standing is unsatisfactory;

(ii) The Buyer makes any voluntary arrangements with its creditors being a company or (being an individual or firm) commits an Act of Bankruptcy or goes into liquidation (or ceases or threatens to cease to carry on business) or if an encumbrancer takes possession, or a Receiver or Examiner is appointed, of or over any of the property or assets of the Buyer or the Company reasonably apprehends that any of the events is about to occur in relation to the Buyer and notifies the Buyer accordingly. Furthermore, and without prejudice to the foregoing, in any such event all unpaid accounts shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

5. Where payments are received on Account without specific allocation instructions, we reserve the right to apply any such monies against consumable items in the first instance.

RISK.

6. Risk of damage to or loss of Goods shall pass to the Buyer:‐

(i) In the case of Goods to be delivered at the Company's premises, at the time when the Company notifies the Buyer that such Goods are available for collection; or

(ii) In the case of Goods to be delivered other than at the Company's premises, at time of delivery of such Goods or, if the Buyer wrongfully fails to take delivery of such Goods, at the time when the Company has tendered delivery of such Goods.

RETENTION OF TITLE.

7. (i) Notwithstanding delivery and passing of risk therein, or any other provision of these Conditions, neither the legal nor beneficial property in Goods sold by the Company to the Buyer shall pass from the Company to the Buyer until the company has received payment of all sums due by the customer to the company on any account in full or cash or cleared funds.

(ii) The Buyer shall hold the Goods as bailee for the Company but, notwithstanding the foregoing, and subject to these Conditions, shall be at liberty to re‐sell or to use the Goods in normal course of business. The proceeds of any such sale shall be held by the Buyer for the account of the Company, to be applied first in payment of all sums due from the Buyer to the Company and, to that end, the Buyer irrevocably appoints the Company its Attorney for the purpose of perfecting the Company's title to any such proceeds of sale.

(iii) The Buyer shall not create any Charge, Mortgage, Lien or encumbrance adverse to the Company's title to the Goods; notwithstanding the foregoing, if the Buyer does so, all monies owing by the Buyer to the Company shall (without prejudice to any right or remedy of the Company) forthwith become due and payable.

(iv) Pending the passing of property in the Goods to the Buyer, the Goods shall be kept by the Buyer separate from those of either the Buyer or of third parties and shall be properly stored, protected, complete, in good condition, adequately insured and in such manner as shall make them readily identifiable as the property of the Company.

(v) Until such time as 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 of any third party where the Goods are stored or may be, and thereby to repossess the Goods.

SUPPLY.

8. (i) The Company shall not be liable to the Buyer nor be deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations under these Conditions, if such delay or failure is due to any cause beyond the Company's reasonable control:

(ii) Without prejudice to, and notwithstanding the foregoing, the Company shall not in any circumstances be liable to the Buyer for such (if any) consequential or indirect loss or damage as may be sustained by the Buyer consequent on such delay in performing, or failure to perform, any of the Company's obligations under these Conditions.

DESCRIPTIVE MATERIAL AND ILLUSTRATIONS.

9. All illustrations, drawings, catalogues and descriptive material are of a generally informative nature only and do not form part of any specification or description of Goods except to the extent expressly incorporated therein in writing.

DELIVERY.

10. (i) The Company shall not be liable:‐

(a) For any damage or defect in the Goods unless damage is noted on delivery docket and notification is given to the Company (and to the carrier, if any, concerned) at the time of delivery. (All Goods therefore must be checked at delivery point);

and

(b) For any loss or non‐delivery of the Goods (or any part thereof) unless notice is received in writing on the day of delivery.

(ii) Projected dates for delivery of Goods are estimated only and the Company shall accordingly not be liable for any loss, consequential or otherwise, arising from delay in effecting delivery;

(iii) In the event of the Buyer's failing to accept delivery of the Goods on the date stipulated for delivery, the Company shall be at liberty to impose and additional charge for handling and storage of the Goods until such time as delivery is accepted;

(iv) The Buyer shall indemnify the Company for any unusual or abnormal delivery costs incurred by the Company including (without prejudice to the generality of the foregoing) costs incurred due to delivery of the Goods having to be effected outside normal working hours, or in part loads.

RETURNS.

11. (i) Goods supplied by the Company to the Buyer on foot of an Order therefore shall not be returnable by the Buyer to the Company without the Company's written consent;

(ii) An application for consent to such return will be considered by the Company only if such application is received within 30 days of date of invoice, such application to be in writing, to state the date and number of the invoice on foot of which such Goods were supplied and delivered together with a full written explanation of the reasons for the return so requested;

(iii) In the event of the Company's consenting to such return, the Buyer's account will be credited at invoice price less a handling charge of at least a minimum value of 15%, such charge (as the Buyer hereby acknowledges) representing a genuine pre‐estimate of the cost to the Company of accepting such return.

(iv) Goods that are non‐stock items for the Company will not be accepted for return.

CANCELLATION.

12. Cancellation by the Buyer of any order, or part thereof, can be accepted by the Company by agreement only and on condition that the Buyer agrees to discharge, and discharges, all costs and expenses incurred by the Company consequent on such cancellation.

LIABILITY.

13. (i) Subject to the conditions set out below the Company warrants that the Goods will at time of delivery correspond with their specification and will be free from defects in material and workmanship.

(ii) The company shall not be liable for loss, damage, injury or consequential loss, directly or indirectly caused or occasioned by the actual or potential failure of any product to correctly recognise any date as its true calendar date or to continue to function correctly in respect of or beyond that date or by reason of the same not having Year 2000 Conformity as defined in the British Standards Institution Definition of Year 2000 Conformity Requirements.

(iii) The foregoing warranty is given by the Company subject to the following conditions:‐

(a) The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;

(b) The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing), or from miss‐use or alteration or repair of the Goods without the Company's approval;

(c) The Company shall be under no liability in respect of such warranty (or any other warranty, condition or guarantee) if the total price of the Goods has not been paid by the due date;

(d) The foregoing warranty does not extend to parts, materials or equipment not manufactured by the Company in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer thereof to the Company unless agreed with the company.

(iv) Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law;

(v) Notwithstanding the foregoing the Company shall in no circumstances be liable for consequential or indirect loss or damage of any kind arising from or in consequence of the supply by the Company of the Goods or the use of the Company's Goods, save and insofar as exclusion of liability therefore is expressly forbidden at law.

CONTRACT CONDITIONS.

14. (i) The Company shall not be obliged to supply goods on foot of the Buyer's order until such order has been accepted and processed in the Company's Dublin offices.

(ii) Any variations or conditions intended to be introduced by the Buyer form no part of the Contract for Sale between the Company and the Buyer unless such variations and/or conditions have been agreed in writing by the Company in its Dublin offices. Accordingly, save as aforesaid, none of the Company's employees or agents is authorised to bind the Company by oral agreement, representation or otherwise howsoever.

PAYMENTS.

A. Payment terms – Subject to written agreement.

B. ECATERSTORE will be entitled, without prior notification, to charge interest at a rate of 2% per month or part thereof on any sums which remain unpaid after the same have become due.

Payment terms agreed as follows:-

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