Trading Terms and Conditions of Sale

1. DEFINITIONS: In these Conditions ‘the company’ means Foodmac Worldwide Ltd, ‘the customer’ means the person or company to whom this document is addressed, ‘Goods’ means both goods and services.

2. CONDITIONS: These conditions shall form the basis of the contract between the company and the customer. These conditions shall apply except so far as expressly agreed in writing by the company and the customer and the signing by the company of any customer’s documentation shall not imply modification to them. Acceptance of the company’s goods by the customer shall constitute acceptance of these conditions.

3. DESCRIPTIONS: Dimensions and information are given in good faith for guidance only, and are not guaranteed and shall not form any part of any contract. Equipment that has been refurbished may not have all original manufacturers parts fitted and may not be to manufacturers original specification. Prospective buyers should rely on their own inspection. The goods are deemed to be inspected and approved upon acceptance of the invoice. We will make every effort to satisfy customer’s requirements.

4. WARRANTY: All new equipment will be supplied with a 12 month warranty. All used equipment will be supplied with a 6 month warranty. Warranty will become void on non payment of invoice.

5. PAYMENT: Invoices become due for payment in full, on or before collection/delivery. Warranty will be voided on non payment of invoice in full or in part. No discounts or other deductions will be allowed unless previously agreed in writing. The company shall have the right to charge interest on all sums due at the rate of 8% per month until payment is received or until Judgment, whichever is the sooner. If the customer shall fail to make any payment when due or be in an incorporated company shall have a receiver appointed or shall pass a resolution for winding up or a court shall make an order to that effect, or not being an incorporated company shall have a receiving order made against him/her or shall enter into any composition or arrangement with his creditors. We retain the right to enter any premises to regain possession of goods where default in payment of any kind has taken place.

6. DELIVERY: Each delivery shall constitute a separate contract between the company and the customer and any delay in or failure to make any delivery shall not vitiate the contract as to the other deliveries. The company will deliver as near as possible to the site as a safe hard road permits. The customer shall provide at his own expense the labour for unloading and stacking, such labour should be made available during normal working hours unless otherwise agreed in writing between the company and the customer. Damage due to inadequate site or careless unloading shall be at the customer’s risk. The company undertakes to use its best endeavors to deliver goods on a promised date but does not guarantee to do so.

7. PASSING OF GOODS AND RISK: All goods remain the company’s absolute property until paid for in full whether part payment has been made or not. All goods are sold on a supply only basis and are on a non maintenance and non service contract. Any breakdowns or service that may be required is the full responsibility of the customer regardless of whether the goods have been paid for in full or not.

8. CLAIMS: Goods will be delivered in good condition. Any damage on arrival must be brought to the attention of the driver. If the goods are collected by the customer then no damage claim will be recognised by the company. Goods are sold on a supply basis only unless otherwise stated. No guarantees are implied or given.

9. HEALTH AND SAFETY: By giving an order and thus accepting these conditions of sale, it is agreed that such an acceptance constitutes the written undertaking within terms of S6 (8) of the Health and Safety at Work Act 1974, and that the customer will ensure by proper examination, test, installation, fencing, maintenance and training workers that the goods are safe and without risk to health when properly used.

10. CONFIDENTIALITY AND RIGHTS: Drawings, product descriptions and any other sensitive information shared by Foodmac Worldwide Ltd to the customer shall not be given to a third party or used for any purpose other than fulfilling the contract between the company and the customer.

11. LAW: This contract shall be governed by and interpreted by English law and the customer submits to the jurisdiction of the High Court of Justice in England but the company may enforce the contract in any court of competent jurisdiction. Any dispute arising out of the agreement shall be submitted to the court of English Law regardless of the country of the customer.