Terms and Conditions
THE NATIONWIDE CATERERS ASSOCIATION STANDARD TERMS & CONDITIONS OF SALE ('this agreement')
In this Agreement,
the "Customer" means any person who places an Order with NCASS (either as a private consumer or as a business);
means any items sold or supplied by NCASS under an Order;
means Trade Management Services LTD, a company incorporated in England with company number 05346529 and a registered address at Britannic Court, The Lakeside, 180 Lifford Lane, Kings Norton, Birmingham, B30 3NU, United Kingdom;
means any request or order (via phone, web order (excluding EBay) or mail order) to purchase the Goods, and;
refers to the Customer and NCASS
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed NCASS Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by NCASS. NCASS is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by NCASS does not in itself constitute acceptance by NCASS of the Order.
1.3 NCASS may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the NCASS website or catalogue.
2. Goods being sold
2.1 Descriptions and specifications for the Goods are set out on the NCASS website at the time of the Order or the NCASS catalogue from which the Order is placed provided the catalogue is current at the time of the Order.
2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and NCASS may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer's approval.
2.3 If any Goods are unavailable or out of stock then NCASS may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, NCASS may vary the Order with the Customer's approval.
2.4 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
3. Terms of Payment and Payment Methods
3.1 Prices shown on the site are in pounds sterling (GBP). All transactions and prices are taken in pounds sterling.
3.2 The Goods shall be payable at the prices listed on the NCASS website at the time of the Order or the NCASS catalogue from which the Order is placed provided the catalogue is current. NCASS reserves the right to update prices on the NCASS website or in future NCASS catalogues from time to time. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.
3.3 Unless otherwise stated, all prices quoted exclude Value Added Tax ("VAT"). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
3.4 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case NCASS shall be under no obligation to honour the incorrect price or Order.
3.5 Payment for Goods and Delivery may be made by any of the options listed on the NCASS website or catalogue.
3.6 NCASS reserves the right to charge interest on late or overdue payments by the Customer.
3.7 All Orders may be subject to further credit or security checks.
3.8 NCASS’s Price Promise applies to any lower published price for a like-for-like product offered on the same terms in the UK. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as NCASS and the competitor must have stock availability at the time of ordering. The price will not be matched where there are 'hidden extras' such as delivery charges. In order to qualify, the price must be published in writing.
4.1 Full delivery prices and options are listed on the NCASS website or catalogue and subject to change from time to time.
4.2 Standard Delivery and Premium Delivery Orders will be sent for 'next day delivery' within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by NCASS before 12.00pm on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be delivered 'next day' then delivery will usually be completed within 5 days.
4.3 Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
4.4 NCASS will use reasonable endeavours to meet delivery estimates in all cases however NCASS cannot be held liable for any loss or damage due to delay in delivery.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question.
4.6 Goods delivered are used, stored and installed at the Customer's own risk and NCASS will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by NCASS to the Customer before delivery.
4.7 We strongly advise that you should not book fitters or installers to begin work until after the goods have been delivered and inspected by you.
4.8 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at Customer's sole risk.
5. Warranties and Returns
5.1 Subject to the conditions in this Clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Certain large or bulky items may be subject to a restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the NCASS website or catalogue. The cost of returns may be refunded in whole or in part to the Customer at NCASS's discretion.
5.2 Goods are guaranteed in accordance with the terms of the manufacturer's warranty or for 1 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at NCASS’s discretion. Parts and labour under this warranty are guaranteed in the UK mainland only.
5.3 Goods that are damaged due to delivery must be reported to NCASS within 24 hours. Large Goods such as refrigerators must be inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing from delivery must be reported to NCASS in writing within 7 days from delivery.
5.4 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to NCASS within 24 hours to qualify for replacement, repair or refund at NCASS‘s discretion. Goods marked 'no commercial warranty' are sold without any warranties unless otherwise stated. Certain Goods may be disposed of in accordance with NCASS’s safety instructions for replacement, exchange or refund with NCASS's prior approval. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges including where the Customer has missed or is unduly late for an arranged call-out. No Goods will be sold on a 'sale or return' basis without prior written approval by NCASS. NCASS may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without NCASS's prior endorsement or approval.
5.6 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.
6.1 NCASS reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
6.2 NCASS reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, and Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 NCASS reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of NCASS’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 NCASS reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
7. Limitation of Liability
7.1 The Customer agrees that NCASS will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. NCASS will not be liable for any additional damage caused by the Customer's failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude NCASS’s statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless confirmed as insured by NCASS on acceptance of the Order.
8. Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by NCASS may be subject to copyright (whether owned by NCASS or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold NCASS harmless for any breach of said covenant.
9.1 This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.
9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.