MASTER GRILL LIMITED STANDARD TERMS & CONDITIONS OF SALE
1. Validity
1.1 Please read these terms and conditions carefully. By accessing and using our services you indicate your acceptance of these Terms. If you do not accept these Terms, please do not try to access and/or use our services.
1.2 We may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes as your continued access to and/or use of our services after changes have been made indicates your agreement to be legally bound by the updates and amendments.
2. Parties
In these standard terms of sale “the Company” means Master Grill Limited and “the Purchaser” means any individual, firm, company or corporation placing an order with the Company.
- The property both legal and equitable in the Goods shall not pass to the Purchaser until:
- The purchase price of the goods has been paid in full and
- Payment in full is made to the Company of any sum which is at the date of the contract or may thereafter become due or owed by the purchaser to the company.
- From the time of delivery or collection the risk of any loss, damage or deterioration from whatever cause shall be borne by the Purchaser.
- If the purchase price of the goods sold is not paid in full on the due date the Purchaser shall pay to the Company interest at the rate of the current bank of England base rate per month on the balance of the price from the time being unpaid from the due date until actual payment.
- Any order is subject to acceptance by the Company. The Company is not obliged to accept the order nor to justify refusal of the same. The receipt of payment for Goods does not constitute acceptance by the Company of the order.
3. Goods being Sold
- Goods are not sold on a trail basis.
- The Purchaser should check the specifications and suitability of the Goods before ordering. The Company does not warrant suitability of the Goods for any applications. The Purchaser assumes responsibility that goods stipulated by it are sufficient and suitable for its intended purpose save in so far as the Purchaser may have relied upon the Company’s advice therewith.
- Product specifications/descriptions of the goods/services are displayed on the website at the time of the order. We aim to ensure all product information is as accurate as possible however the Company is not liable for any inaccuracies.
- The technical and aesthetic characteristics of the products shown on our website or price lists may be changed without notice. All samples, drawings, descriptive matter, specifications and advertising issues by the Company and any descriptions or illustrations contained in the Company’s catalogues brochures or on the Company’s website are issued or published for the sole purpose of giving an approximate idea of the equipment described in them. They shall not form part of the contract, and this is not a sale by sample.
- Some goods may refer to generic specifications which we reserve the right to change without any prior notice.
- There is a minimum age requirement of 16 years, increasing to 18 years (for age-restricted goods) and by ordering, you confirm you are of the required age to place the order and that delivery will be accepted by a person over the age requirements.
- Where items are out of stock, The Company reserve the right to replace the illustrated goods with equal quality products (of similar or greater value) to offer a like for like alternative to the item listed that is unavailable.
4. Returns
- No return can be accepted without prior written approval from the Company.
- Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days, provided they are returned in the condition that they were delivered, in their original packaging. Goods which are returned not in their original packaging or in the condition in which they were delivered may only be entitled to a partial refund. Goods deemed to be non saleable due to the fault of the Purchaser, will not be refundable and can only be returned at the Purchaser’s cost. Specific Goods may not be returned for hygiene reasons. Specific Goods may also not be eligible for return and will be flagged accordingly.
- Orders for non-standard products, where such orders are placed, the Purchaser’s order is deemed to be the instruction to manufacture. Should for any reason the order subsequently be cancelled the Purchaser is deemed to be liable for the charges involved in work in progress, finished goods, materials in hand and outstanding tool charges. Ordered cancelled or changed for non-standard Goods may be subject to a restocking charge. The Company will only accept returns at its discretion unless they are defective.
- Orders cancelled or changed for non-stock Goods may also be subject to restocking charges. The Company will only accept returns as a final solution for a defective item (Please read clause 7.10 for more information on this matter)
- Unless otherwise agreed in writing, Goods rejected as not complying with the Contracts must be rejected on delivery.
- Any orders cancelled by the Purchaser for any reason are subject to a restocking fee of 25% but may vary depending on the Goods.
- If the Purchaser has failed to inform the Company in writing that they wish to cancel/amend the order but delivery is refused, since the order has been dispatched the above terms all apply and the Purchaser is still liable.
- In the Event the Purchaser enforced their right to cancel or withdraw from the contract, the Company is expected to refund all payments, including the cost paid for delivery of the goods, minus any fees associated under the terms listed above.
- The Company may cancel all/part of any order. In the event of unavailability/out of stock goods, a credit note will be issued. Alternatively, the Company may amend the order with the Purchaser’s approval if this is preferred.
- The Company also holds the right to cancel as a supplier of services, starting the day after the contract is agreed.
5. Delivery
- Delivery cost and/or options will be listed on the website or quotation provided and are subject to change from time to time.
- Any dates specified by the Company for delivery of Goods or services are intended to be an estimate and shall not be made of the essence notice. If no dates are specified, Delivery shall be within a reasonable matter.
- Before signing to accept delivery, the Purchaser is responsible for ensuring the Goods are delivered as originally described. By signing the delivery note, the Purchaser is confirming the product delivered is as described. The Purchaser must check all goods on delivery before signing for them. The Company accepts no responsibility whatsoever for the shortages or damages once signed for. The Company accepts no responsibility whatsoever for shortages or damages when signed for “unchecked”.
- All goods should be thoroughly inspected by the Purchaser who is responsible for informing the Company via written communication within 24 hours of any damaged or defective Goods.
- The company is not liable for any loss in profit and/or business interruption that may have directly, indirectly or incidentally arisen due to a faulty/defective unit and/or delay in delivery.
- Goods delivered are used, stored and installed at the Purchasers own risk and the Company will not be liable for any damage, loss or disruption caused by the same. Where services such as installation have been ordered by the Purchaser, further charges, terms and conditions may apply.
- All Goods are delivered to the front door of ground floor locations. It is to the delivery drivers own discretion to assist with delivery of the Goods to a location within the premises chosen by the Purchaser. This is at the Purchasers own risk.
- The Company has the right to re-charge the delivery fee if the Purchaser has not been available to accept the delivery.
6. Design
- Kitchen designs submitted by the Company are advisory only based on our interpretation of the Purchaser’s requirements. Once a layout has been accepted and signed off the Purchaser will accept full design responsibility
- A kitchen design service is offered free of charge where the Company are invited to issue a tender for the supply and/or installation of the kitchen equipment. Where this is not the case the Company reserves the right to administer a design fee for works carried out.
- In all and any situations the Company holds the right to all design work including sketches/drawing and will not provide access/copies to sketches/drawings without supervision until we have written confirmation of the order, preferably a purchase order number provided alongside this.
7. Warranty
- Any warranty is not effective if the Purchase has not paid for the goods in full.
- Parts and labour under warranty are guaranteed in the UK mainland only.
- All Goods are guaranteed for one year (unless otherwise specified) from the date of delivery as regards manufacturing defects.
- Full Warranty: The Company will provide a full warranty for replacing, free of charge, within the warranty period, any parts that become defective with the exclusion of:
- Glass, light bulbs, refractory material, drive belts, door seals and trims
- Damage due to normal wear and deterioration of the equipment and of its accessories
- Damage due to incorrect installation or insufficient maintenance
- Equipment which has been modified by the Purchaser
- Damage to equipment which has been used for any purpose other than it was designed for.
- Parts only warranty: The Company will provide for replacing free of charge within the guarantee period any parts that are defective, upon return of the defective parts subject to exclusion.
- Reconditioned Equipment: 3-month parts & labour guarantee is provided on reconditioned equipment unless otherwise stated in writing subject to exclusion
- Specifically but not in limitation of the above, the Company makes no warranty with respect to components supplied by it which are not of its own or its supplier’s manufactured nor shall the Company warranty apply to goods or components of its own manufacture or its suppliers manufacture if persons other than the Company or an agent authorised by the Company have performed any repair work or made any alterations to the goods as originally supplied by the Company.
- The warranty becomes null and void if the goods have not been installed by a suitably qualified person.
- The warranty becomes null and void if the defect in the goods is caused by the Purchasers fault, negligence or failure to use the goods for the normal intended purpose including adhere to manufacturer instructions which includes storage, correct environment, maintenance, hygiene.
- No guarantee is given as to the timing of any call-out or repair of equipment under guarantee. Calls will be effected during normal hours of work and exclude weekends, bank holidays and out-of-hour work. No guarantee can be given for the timing of calls by any third party or manufacturer’s agent.
- The Company has the right to repair, replace or exchange any Goods reported faulty within the specified warranty. However, it is the Purchaser responsibility to inform the Company of any issues in writing with supporting evidence such as reports from qualified engineers, photographs/videos (if required) within this timescale. If following the inspection of the Goods, no fault is found or if the faults found are due to poor maintenance and/or Purchasers error, the Company nor Manufacturer of the Goods will be liable. The Purchaser may also be charged the call out and labour fee to cover the cost of the engineer’s time and parts (if applicable).
- The Company cannot be held responsible for any consequential loss in respect of breakdowns or malfunction of any appliances or components, howsoever caused, calculated by reference to profits, income, production or accruals or loss of such profit’s income production or accruals.
8. Installation
- If our quote includes cost for installation, we undertake connection of all gas (natural or LP) and drainage to services within one metre of each appliance, finished with appropriate valves, cock, and assuming a clear and level site with adequate access, all final electrical connections to plug in or pre-wired are to be undertaken by the Company or their agent. Connection to and supply of isolator switches should be by the electrical contractor on site. Our installation price includes for the testing and demonstration of all its equipment supplied.
- The Company does not accept responsibility for the final cleaning of equipment once installed.
- The Company will carry out installation in a workmanlike manner and to the best of its ability but shall not be liable for any damage caused to persons or property on or about the premises caused by reason beyond the control of the company or employees or agent.
- If any additional work is identified by the Company or agents during the installation, which could not reasonably have been identified at the time of the site survey(s) an additional charge may be made to cover the cost of undertaking such work.
- The Company’s quotation does not include any electrical wiring, plumbing, building works, making goods or any materials or services not specifically mentioned in the quotation nor:
- Any casual labour, costs of hiring, lifting or handling equipment or scaffolding required to convey goods to site nor:
- Cost of lighting, power, heating and water required during erection and installation of the equipment at the site.
- Unless otherwise agreed in writing by the Company, installation work is quoted on the basis of normal working hours (Monday to Friday 08:00-17:00) and that the relevant services are live and within 1 metre of the intended location of the equipment ready for connection in advance of the Company’s arrival to install the equipment.
- If, after delivery but before completion of the installation, damage to or destruction of any part of the equipment on site occurs, arising from any accident, theft or malicious intent or from war, fire or any cause beyond the Company’s control, the Company shall made good the damage or destruction and will make an extra charge to the Purchaser in respect of which the Purchaser must pay. The extra charge will be calculated in accordance with the Company’s standard charges and terms. If further work shall be impractical the Purchaser shall pay for the equipment and labour already supplied the contract shall be at an end.
- The Purchaser shall be solely responsible for the cost of protecting the equipment from damage or destruction after delivery howsoever caused.
- Notwithstanding any agreed date from Company shall not be liable for loss or damage arising from delays in delivery resulting from acts of God, government orders, strikes, war or delay in delivery of manufacturing material, or any circumstances beyond the Company’s control. None of these events shall entitle the Purchaser to cancel the contract and the delivery date shall be extended accordingly.
- The Company shall not in any circumstances be liable for any failure or delay in installation and/or consequential loss incurred howsoever caused. Any dates specified by the Company for installation or work to be carried out are intended to be an estimate and shall not be made of the essence notice. If no dates are specified such work shall be within a reasonable time.
- The Company shall not be responsible for damage, injury or loss of any kind whatsoever to any property or persons howsoever arising from the use of the goods or otherwise in connection with the installation or erection of the same. Nor shall we be responsible for any additional risks which the Purchaser’s insurance company may consider to have been undertaken by reason of the delivery, installation or use of the goods supplied.
- The company reserves the right to request copies of service engineer reports in the event of any warranty claims
9. Pricing, Payments and Methods of Payment
- The price of Goods shall be set out in the order
- Unless otherwise stated, prices quoted exclude VAT and VAT shall be charged in accordance with the relevant regulations in force at the time of order. The Purchaser shall on receipt of a proforma invoice, pay us such additional amounts in respect of VAT as are chargeable on the supply of Goods.
- Goods shall be payable at the price listed on the Company website or quote provided at the time of order
- Prices are correct at the time of the listing but may be subject to change without prior notice. A delivery charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling
- Payments for Goods and delivery may be made by any of the methods listed in credit/debit card payment processing and on our website. Cheque and cash usually require a minimum of six working days to clear and the customer account, order or quote number MUST be referenced with payment. The company reserves the right to withhold or refuse further shipment of Goods until outstanding balances are settled on the customer’s account. Any payments returned unpaid by a bank will be subject to an administration fee of £25.00.
- Goods sold may be returned at the Purchasers own cost and transport risk for a refund providing the product is unused and in the original packaging. Please see the section on GOODS & DELIVERY and WARRANTY in this document for specific details regarding the charges associated with refunds/returns.
- We may invoice the Purchaser for the Goods at any time before or after the completion of delivery. The payment term for all Goods is strictly payment upon order unless otherwise agreed in writing by a Company representative.
- Payment is only accepted if made using the following methods: Cash, Bank Transfer, Cheque, PayPal or Credit/Debit Card
- In the event an error causes incorrect product prices / description, The Company are under no obligation to honour the incorrect price.
- Notice will be given to customers in the event prices need to be increased to reflect the increase in the cost of goods due to:
- Factors beyond our control such as foreign exchange fluctuation, increases in taxes, duties increases in labour costs, materials or other manufacturing costs.
- Requests made by the customer to amend the quantities or type of goods ordered/specifications of which or alter the intended schedule of delivery.
- Delays caused by any instructions of the customer or failure to provide accurate information / instructions
- If the order has already been placed by the Purchaser, that price will be honored unless the item is unavailable / out of stock.
- The Company reserves the right to charge interest at the base rate of the bank of England which will be calculated monthly on late or overdue payments by the Purchaser.
- All orders placed with the Company may be subject to further credit or security checks.
10. Credit/Debit Card Payment Processing
- All credit/debit card transactions are taken in the UK with the UK currency the pound Sterling (£). We accept payments via major credit and debit cards, including but not limited to Visa, Mastercard, American Express and Discover. By providing your credit or debit card information, you authorise the Company to charge the applicable payment for the products and/or services you purchased.
- We take the security of your payment information seriously. All credit and debit card transactions are processed through secure payment gateways that comply with industry standards, including the payment card industry data security standard (PCI DSS). We do not store your card information after the transaction is completed.
- By submitting a payment, you agree to authorise us to perform any necessary verification, or fraud checks to process your payment. This may include verifying your credit/debit card details, connecting your bank or requiring additional documentation to ensure the transaction is legitimate
- Any applicable processing fees, taxes or additional charges will be clearly stated during the checkout process. We reserve the right to change or update these fees at any time, but such changes will be communicated to you prior to completing your transaction.
- If your payment is declined or fails for any reason, we reserve the right to cancel or delay the order. You will be notified immediately, and you may be asked to provide an alternative payment method
- All payments will be processed in the specified currency for the region in which you are purchasing. Any applicable exchange rates or international transaction fees are the responsibility of the Purchaser/Cardholder.
- In the event that you are entitled to a refund, we will process it through the original payment method. Refunds may take several business days to appear in your account, depending on your card issuers policies. Chargebacks and disputes related to payment transactions must be resolved directly with your bank or card issuer.
- Your payment information is processed in accordance with our Privacy Policy, which outlines how we collect, store and use your personal data. For further details on how we protect your information, please refer to our Privacy Policy.
11. Asbesto
- Where asbestos has been identified on the premises it will be necessary for the Purchaser to provide written confirmation that the working areas which may be affected by the Company or the Company’s agents building or infrastructural work are free from asbestos.
12. Disputes
12.1 If you provide information that is untrue to your bank/payment provider with regards to the warranty procedure followed, we reserve the right to commence legal proceedings without further notice, at which time we will seek to recover our costs and interest on the outstanding amount.
13. Termination
- The company reserves the right to cancel or suspend any orders where payment has not been received or in which payment has failed subject to credit checks or otherwise.
- The company reserves the right to cancel any order where it is suspected that the customer is not legally permitted to purchase Goods specified within the order (as per below section AGE REQUIREMENTS)
14. Confidentiality
The Customers data protection and privacy right under this agreement, are set out in the Company’s private policy available on our website.
15. Disclaimer
The Company has taken all reasonable care in the preparation of our website however some information may have been supplied by third parties and reproduced. The Company is not accountable for the accuracy of information supplied by third parties or for apparent errors and omissions.
16. The Company
- The website is wholly owned by Master Grill Limited
- The condition of sale is governed within English Law.
- If any terms of this contract shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair or affect any other term, all of which shall remain in full force and effect.
- Any alteration to the above terms and conditions must be specified in writing and agreed by both parties.
Contact
Our email address for all communication including warranty / damage claims or shipping issues is info@mastergrill.co.uk (unless otherwise instructed in writing by a Company representative)
Tel: 0151 606 4444
Registered office
Master Grill Limited
87 Poulton Road
Wallasey
Wirral
CH44 9DE