This website is published and managed by Grande Cuisine Limited. Registered in England number 8527925.
The following are the terms and conditions of use of this website. If you do not accept these conditions, you must not use this website.
Every effort is made to ensure that the information on this website is accurate, current and complete. We cannot, however, guarantee that this is the case. In particular, some of the material on this site may, from time to time, become out of date.
Grande Cuisine Limited and its employees and agents can accept no responsibility for any loss or damage arising from use of the information on this website, however that might arise.
This site includes links to others. We cannot vouch for the suitability or accuracy of the content of those sites and we are not responsible for the privacy practices of such other sites. You use them at your own risk.
The inclusion of a link to any supplier of information, goods or services is not any form of recommendation. You should take up appropriate references or undertake other investigations to determine the accuracy of information and the quality and suitability of products and services being offered.
If you register to receive news updates you warrant that the information which you provide when registering is accurate.
Grande Cuisine Limited reserves the right to make this site unavailable at any time or to restrict, refuse or revoke the access rights of any individual or organisation at any time without explanation.
We may change these conditions of use from time to time. You will be bound by changes even if you do not re-visit this page to re-read this notice. Use of this website signifies your acceptance of these terms and conditions.
These terms and conditions are governed by English law and any dispute connected with this site is subject to the exclusive jurisdiction of the English courts.
Terms & Conditions of Sale
All contracts and orders are subject to these conditions. Unless expressly accepted by us in writing by a director or authorised signatory, no addition to or modification of these conditions will be applicable nor will any alternative conditions be recognised.
No orders shall be binding upon us unless accepted in writing on our printed form.
(A) All orders placed are accepted for execution at the prices ruling at the date of dispatch.
(B) Prices quoted do not include V.A.T. which will be charged at the rate ruling at the time of dispatch.
All prices are strictly net cash and (subject to any special arrangement hereby extended credit terms are granted or payment is required on or in advance of delivery) the Price (or any part there of referred to in the relevant invoice) shall be payable within 30 days of our invoice.
In the event that the buyer shall fail to pay the price of any part thereof by the due date, then, without prejudice to the seller’s other rights and remedies arising under the general law and the Conditions, interest shall be payable by the Buyer on the amount outstanding at the rate of 11/2 above BOE base lending rate, per annum from the date when payment became due to the date of actual payment. If the seller shall sue the buyer for judgement interest shall continue to be payable after judgement on the outstanding debt at the same rate as before judgement and the debt shall be deemed for this purpose not to have merged in the judgement.
Delivery of the machinery to the buyer shall be deemed to have taken place whether (where the seller’s own transport is used) when the machinery is unloaded at the buyers premises or at any premises to which the buyer has required the machinery to be delivered or (where the machinery is transported by the buyer or an independent carrier, whether the said carrier by the buyer or the seller) when the machinery is collected from the seller.
Any delivery date quoted by the seller is given in good faith and the seller will use its best endeavours to comply with it, but the time for delivery the machinery shall not be of the essence of the contract and if having used its best endeavours the seller fails to deliver on the quoted date the seller shall incur no liability to the buyer for any loss or damage whatsoever arising howsoever from the delay in delivery.
In the event that the performance by the seller of any of its obligations under the contract shall be prevented, delayed or hindered or rendered uneconomic directly or indirectly by war, national emergency, act of government or other competent authority, breakdowns or plant or machinery, strikes, lockouts, riots, shortages of labour and materials, fire, explosion, tempest, act of god, flood drought, inclement weather or any other exceptional or unexpected cause whatsoever the seller may cancel the contract (or any part thereof remaining to be performed) shall have ceased to operate. The seller shall incur no liability to the buyer by reason of any such cancellation, postponement or suspension as aforesaid and nor where deliveries are postponed or suspended shall the buyer be relieved of any obligations under the contract.
Where in the exercise of its rights under this condition the seller cancels the contract at a time when it has been partly performed the seller shall be entitled to payment by the buyer of an appropriate fraction of the price on a quantum merit basis.
6. RISK AND OWNERSHIP OF THE MACHINERY
(1) Risk in the machinery shall pass to the buyer on delivery but property in the machinery shall not pass to the buyer until payment in full of the price of the machinery and of all other goods which the seller may have delivered to the buyer under any other contract
(2) The installation of the machinery in the buyers premises whether the same is bolted or cemented or otherwise attached thereto shall not affect the sellers rights and remedies under the conditions of the general law in any way.
(3) At all times before property in the machinery passes to the buyer:
(A) The seller shall remain absolute legal and beneficial owner of the machinery and the buyer shall hold the same as Bailee for the seller who without prejudice to this other remedies may if payment of the price or any part thereof shall be overdue enter any premises of the buyer where the machinery is kept and if necessary, detach it, notwithstanding that damage may be caused in so doing to the buyers premises or the fixtures, fittings or decorations therein:and remove the machinery from the buyers premises;
(B) While the buyer can and does pay his or its debts promptly as they fall due the buyers may in the usual courses of business not on his or its own account but as Bailee for the seller sell the machinery (which shall include as disposal under a contract for work done and materials supplied) or (subject to the provisions of paragraph (3) sub paragraph (A) of this condition install the same on his own premises, but any use or disposal of the machinery or disposal of the machinery not expressly hereby permitted shall be unlawful conversion of the same.
(C) unless and until machinery is dealt with by the buyer in some manner permitted by sub-paragraph (B) herein the buyer shall store the same so that it is readily identifiable and separate from other foods not the sellers and shall comply with any further directions the seller may give as to storage and identification of the machinery.
(D) the buyer shall maintain adequate insurance of the machinery against loss and damage howsoever caused and shall on demand produce the policy to the seller.
(E) the proceeds of any sales of the machinery by the buyer (including monies received for the same under a contract for work done and materials supplied) and any insurance monies received in respect of the money shall belong to the seller and shall be held by the buyer as a trustee for the seller in a separate designated bank account, and any rights of the buyer, to receive any payment of any such monies as aforesaid from an insurance company or sub purchaser shall be assigned by the buyer to the seller on demand.
(F) the seller shall have the right to trace any such monies as are referred to in sub-paragraph (G) herein into any account or fund whether or not they are mixed with other monies.
(G) nothing in this clause shall give the buyer the right to return the machinery to the seller or be released from any of his or its obligations under the contract.
Any claim by the buyer that the machinery is damaged or incomplete on delivery must be notified to the seller by the buyer.
(1) Where the damaged or deficiency is reasonably apparent on delivery of equipment this should be signed for as “damaged” materials and seller notified.
(2) Where the matter of complaint is not so discoverable, within 3 days of is actual first discovery by the buyer, and in default of notification within the time limits (which shall be of the essence) it shall be presumed conclusively against the buyer that the machinery was complete and undamaged on delivery.
Our equipment shall carry a warranty from the date of delivery as follows;
Catering equipment – 12 months on parts and labour (excluding glass).
Spare Parts carry a warranty from the date of delivery – 3 months.
Consumable items i.e. pilots, thermocouples, seals, glass and items deemed damaged by site.
9. LIMITATION OF LIABILITY
1) Subject to provisions of:
(A) Section 2 (1) of the Unfair Contract Terms Act 1977; and
(B) Where the buyer ‘deals as consumer’ within the meaning of the said Act, section 6 (2) of the said Act; the sellers liability where the machinery is defective shall be limited to that assumed under the terms of the warranty in condition 8 herein and save as expressly provided by condition 8.
(C) the seller shall not be liable to the buyer for any loss or damage, direct or consequential, howsoever arising, resulting from the supply of defective or unsuitable goods to the buyer.
(D) All warranties and conditions express or implied arising from statute, custom or otherwise as to the quality of the machinery or its fitness for any purpose (whether known to the seller or not) are hereby expressly excluded.
2) The seller’s employees and agents have (save to the extent that they repeat the warranty in condition 8 herein) no authority to make any representations as to the quality or fitness of the machinery and the seller shall not be bound by any such unauthorised representations and shall not be liable for damage howsoever arising thereby caused to the buyer and nor shall the buyer be entitled by reason of any such representation to rescind the contract.
Cancellation of any orders accepted by us cannot be made without our consent in writing. Such consent may be subject to a cancellation charge. Equipment made to manufacture will incur a cancellation charge of 100% of overall cost of the order.
Should the buyer fail to make payment for goods or services within the specified time or go into liquidation other than for the purpose of amalgamation or reconstruction, or if a receiver be appointed, we shall be in titled either suspend further deliveries to require payment in advance for all of any such deliveries or to terminate the order forthwith without prejudice to our own rights to the date of such termination and to recover damages in the event of any breach by the buyers of its obligation hereunder.
(A) These conditions shall be interpreted without reference to their headings.
(B) these conditions and all orders shall in all respects be governed by the laws of England and the buyer consents to jurisdiction of the English Courts.
13. RETENTION FEES
These do not apply to our terms of sale and Grande Cuisine does not accept any retention fees.
This Terms & Conditions of Sale was last modified on: 01.03.2018