Terms and Conditions
Cinders Barbecues Ltd (‘Cinders’) is a supplier of catering equipment to commercial customers and all sales are considered prima facie a business to business contract. By placing an order, you acknowledge that these Terms and Conditions apply.
- No verbal quotation or estimate will be binding on Cinders without written confirmation.
- No order shall be binding on Cinders without written acceptance, upon request.
- All charges and prices shall be assumed to be subject to VAT, unless exempt.
- All goods displayed in our brochures or on our website are subject to availability.
- Declarations of availability are valid only at the time they are given.
- Cinders reserves the right to require payment in full before we dispatch your order. Goods paid for by cheque will be dispatched as soon as the cheque has cleared into our account. Goods paid for by BACS or CHAPS will be dispatched when the payment reaches our account.
- Statutory interest amounting to 8% above the prevailing Bank of England base rate will be charged on overdue invoices.
- Cinders reserves the right to take any legal steps or to refer the debt to a recovery agency without notice to expedite recovery of an overdue invoice.
- Payments will be allocated to the oldest outstanding invoice.
- Goods remain the property of Cinders until all other debts to Cinders have been paid, followed by the current invoice in full.
- Cinders uses national carriers and cannot absolutely guarantee a delivery date or time. Cinders will not accept responsibility for loss or damage due to late arrival of goods and customers will be referred to the carrier whose literature or past performance or verbal assurance has been relied upon in good faith to estimate a specific arrival.
- Delays are rare and often completely beyond our control. You are not entitled to cancel the order because of a delay in delivery unless the delay has been protracted and unreasonable.
- Goods will be delivered to the address given at the time of ordering. Any change to the delivery address after goods have been dispatched may result in a delay in delivery and additional charges.
- It is your responsibility to ensure that someone is available to accept delivery of the goods. If the goods cannot be delivered you may be charged a re-delivery fee.
- All deliveries are one man deliveries to ground floor level UK mainland addresses and the goods will be delivered to the outside of the delivery address only. All delivery charges are calculated on this basis.
- You must inspect the box or other container for signs of damage at delivery and mark the delivery note ‘DAMAGED’, -not ‘UNCHECKED’. Cinders reserves the right to limit responsibility at its discretion in these circumstances.
- Risk in the goods passes to you on delivery and it is your responsibility to insure the goods from then.
5). Unwanted goods
- Cinders is not under any obligation to accept returns of unwanted or unsuitable goods and will only do so in their absolute discretion. Returned goods will not be accepted unless they are unused and in their original packaging.
- Goods are not supplied on a trial basis. It is your responsibility to ensure that the goods that you order are suitable for your requirements and the purpose for which you intend to use them before you place your order. For our part, we take all reasonable care to ensure that all descriptions, details and specifications are accurate and cooking demonstrations appear on our website.
- In all cases a collection charge will be made and a restocking fee of not less than 20% of the invoiced amount plus VAT applied. This is because we will not be able to sell the goods to another buyer at full price after the goods have been returned to the production line to undergo further function and safety checks and marked on our Quality Records as ‘Remanufactured’. Refunds will only be paid after Cinders have inspected the returned goods and after deduction of collection and restocking charges and the cost of repairing any damage or replacing missing items.
- Cinders’ standard warranty is one year parts and labour plus one year parts only, against defects in manufacture. The date commences at delivery, and gas regulators and hoses are not covered.
- Any warranty does not cover normal wear and tear or where the goods have not been used for the purpose for which they were intended by the manufacturer.
- In the event of a failure or breakdown of the goods supplied within the warranty period you must inform us as soon as you become aware of the defect or failure and in any event before the expiry of the warranty period.
- Upon notification, Cinders will arrange and pay for an inspection by a Gas Safe registered engineer, except where the engineer determines the failure or breakdown is not due to a defect in manufacture. In this circumstance you will agree to pay the engineer while he/she is on site.
- If the defect or failure of the goods falls within the terms of this warranty we will repair the goods or replace them at our discretion.
- All inspections and repairs carried out during the warranty period must be carried out by an engineer authorised by us. Any work carried out by anyone other than an authorised engineer will immediately invalidate this warranty whether or not the fault or defect would otherwise be covered by the terms of this warranty.
- Cinders will not under any circumstances accept any liability or responsibility for any loss of goods, trade, product or any other consequential loss which might arise out of or as a result of any defect or failure of the goods supplied.
7). Retention of Title
- Notwithstanding that the goods have been delivered and accepted by you, the ownership or legal title to the goods will not pass to you until you have paid in full for the goods supplied and there are no other sums of money due from you to Cinders. Until this time you will store or mark or keep the goods supplied in such a way as to make them clearly identifiable as our property.
- Until such time as all sums due to Cinders have been paid in full you will at Cinders’ request deliver up the goods and you acknowledge that Cinders employees or their representatives will be entitled to enter any premises owned or occupied or controlled by you where the goods are situated for the purpose of recovering and repossessing the goods.
8). Governing Law
- This contract is subject to the law of England and Wales and is subject to the jurisdiction of the courts of England and Wales.
- If you are dealing in the capacity of a consumer these terms and conditions will not affect your statutory rights.
- Cinders Barbecues Ltd will have no liability to you for any failure in supply or delivery of goods or services that is caused by any event or circumstance that is beyond our reasonable control including but without limitation war, flood, fire, industrial action or disputes.