Terms & Conditions
These terms and conditions apply to the contract between Johnsons Catering Equipment Ltd (“the Company”) for the supply of goods ordered by you (“the Customer”) but do not affect any statutory right you may have.
1. Pricing The Company constantly monitor and update our prices however if the price is subject to a change at time of ordering, we will contact the Customer before we confirm the order.
2. Availability Delivery lead times are marked clearly under the product descriptions. We work hard to ensure these times are met, if for any reason the order is delayed by circumstances out of our control, The Company cannot accept responsibility for this delay. If we do have an out of stock situation, we will ensure the Customer is kept aware of the situation at all times. The Customer will always be e-mailed with the option to cancel your order if you would rather not wait.
3. Order Payment Before orders are accepted, full payment is required for the product the Customer is ordering. If the Customer would like to open a credit account with Johnsons Catering Equipment Ltd, please click on Set up an Account on the home page. Approved credit account customers shall pay the price in full strictly within 30 days of the date of invoice otherwise payment is due with order.
4. VAT will be charged at the current rate of 20%.
5. Quality Warranties If any product proves defective within the manufacturers guarantee period customers should use the warranty arrangements specifically provided by that manufacturer. Manufacturers warranty does not apply to wear and tear, or if a product has been damaged or misused.
It is important that the Customer returns the prepaid warranty card promptly to the manufacturer so as to ensure computer registration, guaranteeing the full warranty period is granted. Failure to register the appliance in such circumstances may result in a shorter product warranty cover than that stipulated.
Some products are sold with manufacturers "Back to base" guarantee, in the event of a breakdown, the Company will arrange to have the goods returned to the manufacturer for repair, the Company cannot offer a loan or replacement machine in these cases.
Except in the case of death or personal injury caused the Company’s negligence, we shall not be liable for any consequential loss or damage (whether loss of profit or otherwise) or other claims for consequential compensation.
6. Delivery The lead time shown under the product description relates to orders placed before 12 noon. Orders placed after this time will be processed the following day (weekend not included) If the Customer requires a quicker delivery, it is advised to ring customer service and we will do our best to help. Upon delivery a valid signature is required from the Customer, please inspect the goods prior to signing the proof of delivery, reporting any damage in writing on the delivery note within 24 hours of receipt of your delivery.
7. Risk The risk in the goods shall pass to the Customer on delivery to the Customer or (if earlier) when possession of the goods is taken by a
carrier for delivery to the /customer.
8. Returns Policy If the Customer needs to return a product for a refund within 14 days of receipt, it must be unused and in it’s original packaging (including instruction manual). This will be subject to a re-stocking fee.
9. Credit Card Security When the order is placed on our website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text
on any web site.
10. Reservation of Title
a) The goods sold under these Conditions shall remain the absolute property of The Company and legal title in the goods shall remain vested in The Company until payment in full of all amounts invoiced or due are paid in respect of the Goods, or until the goods are resold by the customer whichever shall first occur. If the customer shall enter into liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the Goods has passed in accordance with this condition, The Company shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any Goods to which it has title under this condition. No liquidator, receiver, administrator or administrative receiver of the Customer shall have authority to sell goods to which The Company has title without the prior written consent of The Company.
b) Until such time as the property in and legal title to the Goods passes to the Customer, the Customer shall hold the Goods as The Company's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as The Company’s property. Until that time, the customer shall be entitled to resell or use the Goods in ordinary course of its business, but shall account to The Company for the proceeds of sales of the Goods, including insurance proceeds, and shall keep all such proceeds separate from any moneys of the customer and of third parties.
c) The Customer shall not be entitled to pledge or charge, by way of security for any indebtedness, any of the goods which remain the property of The Company but, if the Customer does so, all moneys owing by the Customer to The Company shall (without prejudice to any other right or remedy of the reseller) forthwith become due and payable.
d) We shall be entitled to maintain an action for the price of the goods notwithstanding that title in them has not passed to the customer.
11. Exclusion of Liability
a. The Company shall not be liable in any way for any loss of revenue, profit, goodwill or any consequential or indirect or special loss or damage arising out of the purchase of any goods by you from us or late or non delivery of goods
b. Any liability not excluded by paragraph (a) above (or any exclusion of liability which is held by a court of competent jurisdiction to be invalid or unreasonable) shall be limited to a maximum aggregate liability per claim of £100,000.
c. You agree and confirm that you are in a better position than us to assess and estimate any likely damage or loss that you may incur in connection with the order of any goods from us and that we cannot therefore insure any likely damage for which we have excluded liability under this clause.
d. Nothing in this clause shall exclude liability for death or personal injury arising from the negligence of The Company or its employees or agents, or any other liability which it is prohibited from excluding at law.
12. Governing Law The contract between Johnsons Catering Equipment
Ltd and the customer shall be governed by and interpreted in accordance with English law, and the English courts shall
have exclusive jurisdiction to resolve any disputes between us.
13. Entire Agreement These terms and conditions, together with our current web site prices, delivery details and contact details, set out the whole of our agreement relating to the supply of the goods to you by us. These terms and conditions cannot be varied except in writing signed by one of our Directors. In particular nothing said by any of our staff should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. We shall have no liability for any such representation being untrue or misleading unless it is made fraudulently.
Use of this website
Accuracy of information
Johnsons Catering Equipment Ltd ("the Company") use their best endeavours to ensure that the information contained in their website is accurate and not misleading. Accordingly the Company retains the right, without obligation, to amend or delete product information without notice.
In so far as it is possible by applicable law the Company expressly excludes liability for any claims, loss, demands or damages of any kind whatsoever, with respect to use of this website or any misleading information or omissions it may contain, including without limitation, direct, indirect, incidental or consequential loss or damages, whether arising from loss of revenue, loss of data, loss of profits or otherwise. If you are a consumer your Statutory Rights, if any, are not affected. Nothing in this clause is intended to exclude liability for death or personal injury arising from the negligence of the Company or its employees or agents.
The information provided on this website is intended to be used only by the customer. The Company does not authorise the use of such information for any purpose other than your use as immediate consumer, and prohibits to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
This Disclaimer should be read in conjunction with our Terms and Conditions of Sale which also appear on this website. You are a "consumer" under this Disclaimer and our Terms and Conditions of Sale if you are buying products for your private use and not in the course or for the purpose of any trade or busine