Terms of service

JD Catering Equipment Solutions Ltd

These Terms and Conditions apply to the supply of goods and related services by JD Catering Equipment Solutions Ltd ("JD Catering", "we", "us" or "our").

Please read these Terms carefully before placing an order.

1. Business-to-Business Sales

1.1 Our website and products are intended for customers purchasing wholly or mainly for the purposes of a trade, business, craft or profession.

1.2 By placing an order with us, you confirm that you are acting in the course of business and have authority to enter into the contract on behalf of that business.

1.3 If you are purchasing wholly or mainly for purposes outside your trade, business, craft or profession, you must contact us before placing an order.

1.4 These Terms are intended to govern business-to-business transactions. Nothing in these Terms excludes any rights that cannot lawfully be excluded.

2. Definitions

In these Terms:

Customer, you or your means the person, company, partnership or other organisation purchasing goods or services from us.

Goods means any products, equipment, machinery, spare parts, furniture, tableware, consumables or other items supplied by us.

Order means your order for Goods or services.

Contract means the contract between you and us for the supply of Goods or services.

Special Order Goods means Goods ordered, manufactured, configured, sourced or obtained specifically for the Customer, including bespoke or made-to-order Goods.

3. Orders and Contract Formation

3.1 An Order placed through our website, by telephone, email, quotation, purchase order or otherwise constitutes an offer by you to purchase the Goods.

3.2 An Order is not binding upon us until we have accepted it.

3.3 An automated order acknowledgement or payment confirmation does not necessarily constitute acceptance of an Order.

3.4 We reserve the right to refuse or cancel an Order before dispatch where, for example:

a. Goods are unavailable;

b. a pricing or product information error has occurred;

c. payment has not been authorised or received;

d. we reasonably suspect fraud or misuse;

e. delivery cannot reasonably be completed;

f. the manufacturer or supplier has discontinued or materially changed the Goods; or

g. we are otherwise unable to fulfil the Order.

3.5 Where we cancel an Order after payment has been received and before Goods have been supplied, we will refund the amount paid for the affected Goods unless an alternative arrangement is agreed.

3.6 You are responsible for checking that all information contained in an Order, quotation or confirmation is correct, including product specifications, dimensions, power requirements, gas type, voltage, capacity, quantities and delivery address.

4. Product Information

4.1 We take reasonable care to ensure product descriptions, specifications, images and other information are accurate.

4.2 Images are illustrative and Goods may differ in appearance, colour, finish, dimensions or minor specification as a result of manufacturer changes.

4.3 Manufacturers may alter specifications without notice.

4.4 You are responsible for ensuring that Goods are suitable for your intended application and premises before ordering.

4.5 Where dimensions, capacities, outputs or other technical specifications are critical, you should confirm them with us before placing an Order.

4.6 Nothing on our website constitutes professional installation, electrical, gas, ventilation, planning or other specialist advice unless expressly agreed in writing.

5. Prices and VAT

5.1 Unless expressly stated otherwise, prices are exclusive of VAT.

5.2 VAT will be charged at the applicable rate.

5.3 Delivery, installation, commissioning, removal, disposal and other services may be charged separately.

5.4 We reserve the right to change advertised prices at any time before a Contract has been formed.

5.5 If a pricing error is identified after an Order has been placed, we may contact you to offer the option of proceeding at the correct price or cancelling the affected Order.

5.6 We are not obliged to supply Goods at an obviously incorrect price where the pricing error could reasonably have been recognised as an error.

6. Payment

6.1 Payment must be made using an accepted payment method or in accordance with any credit terms agreed by us in writing.

6.2 Unless credit terms have been expressly agreed, payment is due in full before Goods are dispatched.

6.3 Where credit terms have been granted, invoices must be paid by the due date shown on the invoice.

6.4 We may withdraw, reduce or suspend credit facilities at any time.

6.5 If an amount becomes overdue, we may:

a. suspend outstanding Orders or deliveries;

b. withdraw credit facilities;

c. require payment before supplying further Goods;

d. charge interest and recover compensation or reasonable debt recovery costs where permitted by law; and

e. exercise any other rights available to us.

6.6 The Customer must not withhold or set off payment against any amount owed to us unless required or permitted by law or expressly agreed by us in writing.

7. Retention of Title

7.1 Risk in the Goods shall pass to the Customer in accordance with clause 8, but legal title to and ownership of the Goods shall remain with JD Catering Equipment Solutions Ltd until we have received payment in full and in cleared funds for those Goods.

7.2 Until title has passed, the Customer shall, where reasonably practicable:

a. keep the Goods identifiable as Goods supplied by us;

b. not remove, obscure or alter serial numbers or identifying marks;

c. take reasonable care of the Goods; and

d. maintain appropriate insurance against loss or damage.

7.3 Until title has passed, the Customer shall not pledge, charge or otherwise use the Goods as security.

7.4 If payment for Goods becomes overdue, or the Customer becomes insolvent, enters liquidation or administration, ceases trading or is otherwise unable to pay its debts, we may require the Customer to return any Goods for which title has not passed.

7.5 If the Customer fails to return such Goods following a lawful request, we may exercise any rights available to us under the Contract or applicable law to recover them.

7.6 Nothing in this clause limits any other rights or remedies available to us.

8. Risk

8.1 Risk of loss of or damage to Goods passes to the Customer upon delivery.

8.2 From that point, the Customer is responsible for the security, storage, care and appropriate insurance of the Goods even where title has not yet passed.

9. Delivery

9.1 Delivery dates and times are estimates unless expressly agreed otherwise in writing.

9.2 We will use reasonable endeavours to meet estimated delivery dates but time for delivery shall not normally be of the essence.

9.3 To the extent permitted by law, we shall not be responsible for reasonable delays caused by manufacturers, suppliers, carriers or circumstances outside our reasonable control.

9.4 Customers should not arrange installers, engineers, contractors or other dependent work until the Goods have been delivered, inspected and confirmed as suitable.

9.5 Subject to applicable law, we shall not be responsible for avoidable costs incurred because installation or other work was arranged before the Goods had been delivered and inspected.

9.6 Deliveries will normally take place between approximately 8:00am and 5:30pm Monday to Friday, excluding public holidays, unless otherwise agreed.

9.7 Large or palletised deliveries may be made without a specific delivery time.

9.8 Unless expressly agreed otherwise in writing, delivery is kerbside only.

9.9 Delivery does not include positioning, unpacking, installation, connection, commissioning, removal of packaging or removal of existing equipment unless specifically included in the Order.

9.10 Where a driver voluntarily assists with moving Goods beyond the contracted delivery point, this is outside the standard delivery service and is undertaken at the Customer's risk to the extent permitted by law.

10. Delivery Access

10.1 The Customer is responsible for ensuring suitable access for delivery.

10.2 Large Goods may be delivered using an 18-tonne vehicle or other commercial vehicle.

10.3 You must notify us before dispatch of any:

a. vehicle restrictions;

b. narrow roads or entrances;

c. height or weight restrictions;

d. pedestrian zones;

e. stairs or lifts;

f. restricted loading areas;

g. timed access restrictions; or

h. other circumstances affecting delivery.

10.4 You are responsible for checking that Goods will fit through entrances, corridors, doorways, lifts and other access points.

10.5 Large machinery, refrigeration equipment and flat-pack Goods will normally be delivered to the ground-floor entrance only unless otherwise agreed.

10.6 If delivery cannot be completed because adequate access was not available, nobody was present to accept delivery, incorrect information was provided or another circumstance within the Customer's control prevents delivery, we may charge reasonable redelivery, storage, waiting and carrier costs.

11. Inspection on Delivery

11.1 The Customer must inspect Goods as soon as reasonably practicable following delivery.

11.2 Visible damage, shortages or incorrect Goods should be recorded with the carrier wherever possible.

11.3 Visible transit damage, shortages or incorrect Goods must be reported to us in writing as soon as reasonably possible and normally within 24 hours of delivery.

11.4 Reports should include the Order number, details of the issue and photographic evidence where reasonably available.

11.5 Goods should not be installed or used where there is visible damage that could be affected by installation or use.

11.6 Failure to notify us promptly may affect our ability to pursue a carrier or supplier claim. However, nothing in this clause excludes liability which cannot lawfully be excluded.

12. Installation

12.1 Unless installation has been expressly purchased from us, installation is not included.

12.2 The Customer is responsible for ensuring Goods are installed and commissioned by suitably qualified persons.

12.3 Gas, electrical, refrigeration, ventilation, plumbing and other specialist equipment must be installed in accordance with applicable laws, regulations and manufacturer requirements.

12.4 You are responsible for ensuring appropriate utilities, services, ventilation, drainage and other site requirements are available.

12.5 Incorrect or unauthorised installation may invalidate the manufacturer's warranty.

13. Cancellations Before Dispatch

13.1 Because our sales are made to business customers, Orders do not automatically carry a consumer 14-day cancellation right.

13.2 Requests to cancel an Order must be made to us in writing as soon as possible.

13.3 An Order may only be cancelled with our agreement once it has been accepted.

13.4 Where cancellation is agreed, we may deduct or charge reasonable costs already incurred in connection with the Order, including supplier cancellation charges, administration, carriage or restocking costs.

13.5 Special Order Goods, bespoke Goods, personalised Goods, made-to-order Goods and Goods sourced specifically for the Customer may not be cancellable once ordered from the manufacturer or supplier.

13.6 Where we are able to cancel Special Order Goods with our supplier, any refund may be subject to reasonable costs or cancellation charges incurred by us.

14. Returns — Goods No Longer Required or Ordered in Error

14.1 Business customers do not have an automatic right to return Goods merely because they are no longer required or were ordered in error.

14.2 We may, at our discretion, agree to accept a return.

14.3 No Goods may be returned without prior authorisation and a Returns Authorisation number or other written approval from us.

14.4 Where a discretionary return is accepted:

a. Goods must normally be unused;

b. Goods must be complete;

c. Goods must be in resaleable condition;

d. original packaging must be retained where reasonably required;

e. the Customer is responsible for return carriage unless otherwise agreed; and

f. a restocking charge of up to 25% of the invoiced value of the returned Goods may apply where reasonable to reflect the costs incurred.

14.5 Original delivery charges are not normally refundable for discretionary business returns.

14.6 Goods returned without authorisation may be refused.

15. Non-Returnable Goods

15.1 Unless faulty, incorrectly supplied or otherwise required by law, we may refuse returns of:

a. Special Order Goods;

b. made-to-order or bespoke Goods;

c. Goods manufactured or modified to Customer specifications;

d. personalised Goods;

e. Goods which have been installed or used;

f. Goods which cannot reasonably be resold for hygiene reasons after being opened or used;

g. electrical or electronic components where seals have been broken where appropriate;

h. Goods damaged after delivery;

i. Goods which have been modified by the Customer; and

j. any product expressly identified as non-returnable before purchase.

15.2 APS products and other supplier-specific Special Order Goods may be non-returnable where this has been communicated before or at the time of Order.

16. Refunds and Credits

16.1 Where a return has been authorised, any refund or credit will normally be processed after the Goods have been received and inspected.

16.2 We may make reasonable deductions for:

a. missing parts or accessories;

b. damage occurring after delivery;

c. diminished condition;

d. reasonable restocking charges where applicable;

e. return carriage payable by the Customer; and

f. other reasonable costs arising from the return.

16.3 Refunds will normally be made using the original payment method where practicable.

17. Faulty Goods

17.1 If Goods are believed to be faulty, the Customer must notify us promptly and provide reasonable information necessary to investigate the fault.

17.2 We may require photographs, videos, serial numbers, error codes, engineer reports or other diagnostic information.

17.3 We may arrange or require inspection of the Goods before determining the appropriate remedy.

17.4 The Customer must not arrange unauthorised repairs or modifications where doing so could prejudice investigation of the fault or manufacturer's warranty.

17.5 Where a fault is confirmed, the remedy may include repair, replacement, provision of replacement parts, credit or another appropriate remedy depending on the circumstances and applicable warranty.

18. Warranty

18.1 Goods are normally supplied with the applicable manufacturer's warranty.

18.2 Warranty periods and conditions vary by manufacturer and product and may typically range from one to three years.

18.3 Some warranties are parts-only, while others may include labour. The applicable manufacturer's warranty terms will determine the extent of cover unless we have expressly agreed otherwise.

18.4 Warranty claims may be subject to proof that Goods were correctly installed, commissioned, maintained and used.

18.5 The Customer may be required to provide evidence of installation by an appropriately qualified engineer.

18.6 Warranty may not cover:

a. misuse or abuse;

b. accidental damage;

c. incorrect installation;

d. failure to maintain equipment;

e. incorrect power, gas, water, ventilation or other services;

f. unauthorised modifications or repairs;

g. consumable or wear-and-tear components; or

h. circumstances excluded by the manufacturer's warranty.

18.7 Spare parts are normally supplied with a three-month warranty from delivery unless a different manufacturer warranty applies.

18.8 Spare parts must be installed by a suitably qualified person where appropriate.

18.9 Nothing in this section removes rights that cannot legally be excluded.

19. Manufacturer Warranties

19.1 Where Goods are covered by a manufacturer's warranty, we may assist the Customer in making a warranty claim.

19.2 The manufacturer may provide warranty services directly.

19.3 Manufacturer warranty decisions may be subject to the manufacturer's own reasonable terms, inspection and procedures.

19.4 We are not responsible for a manufacturer refusing warranty cover where the refusal is consistent with the applicable warranty terms and the circumstances giving rise to the claim.

20. Export Sales

20.1 Unless otherwise expressly agreed in writing, our standard prices, delivery arrangements and warranty support are intended for mainland UK sales.

20.2 Export Orders may be subject to separate delivery, warranty, tax, customs, import and return arrangements.

20.3 The Customer is responsible for complying with applicable import requirements and paying duties, taxes or other charges unless expressly agreed otherwise.

20.4 Manufacturer warranties may differ or be unavailable outside the UK.

21. Removal and Disposal Services

21.1 Removal of existing equipment or packaging is not included unless expressly purchased.

21.2 Where an equipment removal service has been agreed, the Customer must ensure the equipment being collected is:

a. disconnected;

b. unplugged;

c. emptied;

d. safe to handle; and

e. readily accessible for collection.

21.3 We may refuse to collect equipment that has not been safely prepared.

21.4 If collection fails because the Customer has not complied with these requirements, the agreed collection charge may remain payable and an additional charge may apply for a further collection attempt.

22. Customer Responsibilities

22.1 The Customer is responsible for:

a. selecting suitable Goods;

b. checking specifications and dimensions;

c. checking access;

d. ensuring suitable utilities and connections;

e. obtaining any required permissions;

f. arranging competent installation;

g. operating and maintaining Goods correctly; and

h. following manufacturer instructions.

22.2 Commercial catering equipment should only be operated by appropriately trained or competent persons.

23. Limitation of Liability

23.1 Nothing in these Terms limits or excludes liability for:

a. death or personal injury caused by negligence;

b. fraud or fraudulent misrepresentation; or

c. any other liability which cannot lawfully be limited or excluded.

23.2 Subject to clause 23.1 and to the extent permitted by law, we shall not be liable for indirect or consequential loss.

23.3 Subject to clause 23.1 and to the extent permitted by law, we shall not be liable for loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of opportunity or business interruption where such losses are indirect or consequential, or otherwise to the extent that their exclusion is reasonable and lawful.

23.4 Customers are responsible for taking reasonable steps to mitigate losses arising from any problem with Goods.

23.5 Where liability can lawfully be limited, our aggregate liability arising out of a particular Order shall not exceed the total amount paid or payable to us for the Goods giving rise to the claim, except to the extent that such limitation would be unlawful or unreasonable.

23.6 Nothing in these Terms is intended to exclude or restrict liability in circumstances where doing so would be prohibited by law.

24. Events Outside Our Control

24.1 We shall not be responsible for delay or failure to perform caused by circumstances beyond our reasonable control.

24.2 Such circumstances may include:

a. manufacturer or supplier disruption;

b. carrier disruption;

c. industrial action;

d. severe weather;

e. fire or flood;

f. war, terrorism or civil emergency;

g. epidemic or pandemic;

h. government action;

i. import or customs disruption;

j. energy or utility failure;

k. shortages of materials or components; and

l. transport network disruption.

24.3 Where such circumstances occur, we will use reasonable endeavours to minimise disruption.

25. Website

25.1 We take reasonable measures to keep our website operational and information accurate.

25.2 We do not guarantee uninterrupted access to the website.

25.3 We may suspend access for maintenance, security or technical reasons.

25.4 Website content may be changed without notice.

25.5 Product information supplied by manufacturers may change from time to time.

26. Intellectual Property

26.1 Unless otherwise stated, intellectual property rights in our website, branding, text, graphics and original content belong to us or our licensors.

26.2 Content may not be reproduced for commercial purposes without our prior written consent except where permitted by law.

26.3 Manufacturer names, trademarks, product photographs and other third-party intellectual property remain the property of their respective owners.

27. Fraud and Security

27.1 We reserve the right to carry out reasonable security and fraud checks before accepting or dispatching an Order.

27.2 We may request additional identification, business information or payment verification where reasonably necessary.

27.3 We may delay or refuse an Order where we reasonably suspect fraud, unauthorised payment or other unlawful activity.

28. Data Protection

28.1 Personal information will be handled in accordance with our Privacy Policy and applicable data protection law.

28.2 Customers should refer to the Privacy Policy published on our website for further information about how personal data is collected and used.

29. Communications

29.1 Notices relating to Orders, cancellations, damage, returns or warranty claims should be provided in writing.

29.2 Email constitutes written communication for the purposes of these Terms.

29.3 Customers are responsible for ensuring that the contact details supplied to us are accurate.

30. Entire Agreement

30.1 These Terms, together with the relevant Order, quotation, invoice and any expressly agreed written terms, constitute the agreement between us relating to the supply.

30.2 The Customer acknowledges that it has not relied on any statement or representation not contained in the Contract, except that nothing in this clause limits liability for fraud or fraudulent misrepresentation.

30.3 Where specific written terms have been expressly agreed between us and the Customer, those terms will take precedence over these standard Terms to the extent of any inconsistency.

31. Variation

31.1 We may update these Terms from time to time.

31.2 The Terms applicable to an Order will normally be the version in force when the Contract is formed.

31.3 A variation relating to an individual Contract must be agreed in writing by an authorised representative of JD Catering Equipment Solutions Ltd.

32. Severability

32.1 If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision shall be treated as modified to the minimum extent necessary or, where modification is not possible, removed.

32.2 The remaining provisions shall continue in effect.

33. Waiver

33.1 If we do not immediately exercise a right or remedy under these Terms, this does not constitute a waiver of that right or remedy.

33.2 A waiver on one occasion does not constitute a waiver on any subsequent occasion.

34. Third-Party Rights

34.1 Unless expressly stated otherwise, a person who is not a party to the Contract shall have no right to enforce its terms.

35. Governing Law and Jurisdiction

35.1 These Terms and any Contract between JD Catering Equipment Solutions Ltd and the Customer shall be governed by the laws of England and Wales.

35.2 The courts of England and Wales shall have jurisdiction in relation to disputes arising from or connected with the Contract, subject to any mandatory legal requirements that apply.

36. Contact

Questions relating to Orders, deliveries, returns or these Terms should be directed to: