Terms and Conditions of Supply

Please read these Terms carefully, as they set out our and your legal rights and obligations in relation to the Goods that we sell.
Since Feb.2009. 90% of the sales of Chef Range Cookers Ltd. have been worldwide, and these terms and conditions are to international, standards.

1. Definitions and interpretation

1.1 In these Terms:

“Affiliate” means a company, firm or individual that Controls, is Controlled by, or is under common Control with the relevant company or firm; any orders placed with an Affiliate will be under that Affiliates terms and conditions.

“Contract” means a contract between the parties for the sale and supply of Products entered into in accordance with Clause 3.

“Customer” means the customer for the Products as specified in the Export Invoice or Paid Invoice;

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

“Prices” means the agreed quotation prices for the Products as sent by the Supplier to the Customer or prices as given on the Internet, subject to being confirmed as current by the supplier.

“Products” means the products which may be or are purchased by the Customer from the Supplier under these Terms, including Domestic Appliances and their fittings.

“Supplier” means Chef Range Cookers Ltd., a limited company / incorporated in England and Wales, registration number 06097375 having its registered office at U-Tow Compound, Welsh Rd., Ellesmere Port. Cheshire CH66 1TW. Tel. 01513565262. Email; sales@chef-rangecookers.com

“Terms” means these terms and conditions of supply.

1.2 The ejusdem generis rule is not intended to be used in the interpretation of these Terms; it follows that a general concept or category utilised in these Terms will not be limited by any specific examples or instances utilised in relation to such a concept or category.

2. These Terms

These Terms and the Export Invoice or Paid Invoice contain the only conditions upon which the Supplier will deal with the Customer, and they govern all Contracts to the exclusion of all other terms and conditions.



3. Contracts


[3.1 Each order for Products given by the Customer to the Supplier will be deemed to be an offer by the Customer to purchase Products from the Supplier subject to these Terms.

3.2 In order for a Contract to come into force:

(a) the Customer must submit an order to the Supplier, invoice and must give to the Supplier its express written acceptance of these Terms; or accept a pro forma Invoice and

(b) the Supplier must send to the Customer an order confirmation; or email acceptance of a Quotation or Pro forma Invoice.

and upon the issue of an order confirmation by the Supplier a Contract will come into force between the parties.

4. Delivery outside UK mainland by sea

Unless otherwise agreed in writing: re delivery to door or by Air. or customs clearance by the Supplier.

(a) all Products will be collected by the Customer from a container terminal as entered on the export invoice within 5 Business Days following the receipt by the Customer of a notice from the agent as entered on the BOL that the Products are available for collection;

(b) Outside UK. the Customer will be responsible for arranging loading, carriage, transport, unloading and insurance for the Products and for clearing the Products when collected. customs clearance by the supplier if stated on the Export Invoice.

(c) the Supplier will be responsible for paying all costs relating to loading, carriage, transport, unloading, , export of the Products into a container terminal as entered on the Export Invoice

(d) risk in the Products will pass from the Supplier to the Customer when the Products are delivered to the Customer, or shipped into a specified Container Terminal.

4.2 Handling of Goods outside the UK. To prevent high handling costs outside UK read collection details on Export Invoice

4.3 Any date or dates for the delivery of the Products agreed by the parties as part of a Contract will not be of the essence of the Contract.

5. Title

5.1 Legal and equitable title to the Products will pass from the Supplier to the Customer upon the later of:

(a) delivery / collection of the Products; delivery outside UK mainland, and UK mainland. Goods must not be signed for as received in good condition if they have been damaged in transit. This will prevent a claim against the shipper/carrier.

(b) receipt by the Supplier of all amounts due from the Customer to the Supplier under the terms of the Export/Paid Invoice or other agreement.

5.2 Until title to the Products has passed to the Customer:

(a) the Customer will hold the Products as fiduciary agent and bailee of the Supplier;

(b) the Customer will: (i) store the Products in a secure, safe, dry and clean environment separately from other products and goods; (ii) ensure that the Products are easily identifiable as belonging to the Supplier; (iii) not deface, destroy, alter or obscure any identifying mark on the Products or their packaging; (iv) ensure that no charge, lien or other encumbrance is



5.3 The Supplier may bring an action for the Prices of Products, and any other amounts due under a Contract, notwithstanding that title to the Products has not passed to Customer.

6. Customers obligations

[6.1 If the goods are resold or transferred to another person, the Customer will not without the Supplier's prior written consent make or give any promises, representations, warranties or guarantees:

Domestic appliance customers to check electricity supply and or gas supplies are suitable at the point of use for the goods ordered, these requirements are normally given on the proforma Invoice or Quotation or by Email, and that the appliance can be installed under applicable regulations.

7. Prices and payment

7.1 The Supplier will issue an invoice for the Prices under a Contract to the Customer after the customer has accepted a Pro Forma Invoice or official quotation.
7.2 The Customer will pay the Prices to the Supplier on accepting the quotation, or of issue of a pro forma invoice issued in accordance with Clause [7.1].

7.3 All amounts payable under a Contract are exclusive of all value-added, export, import, and other taxes and duties which will be payable by the Customer unless printed on the Export Invoice or Pro forma Invoice.
7.4 If the Customer does not pay any amount properly due to the Supplier under or in connection with a Contract, the Supplier may charge the Customer interest on the overdue amount at the rate of [8]% per year above the [UK base rate of HSBC Bank Plc] from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand).

8. Warranties

8.1 The Supplier warrants that:

(
(a) the Customer shall enjoy quiet possession of the Products,
(b) the Products correspond to any description of the Products supplied by the Supplier to the Customer;
(c) the Products are of satisfactory quality; all parts are guaranteed for 12 months when u used as a domestic appliance or fitting.

(d) the Products correspond to any sample of the Products supplied by the Supplier to the Customer, and will be free from any defect making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample;

(e) the Products will comply with all laws, rules, regulations applicable to the marketing and sale of the Products in the EU,and EU standards]; and

(f) the Products will bear all mandatory marks and signs associated with the laws, rules, regulations and standards referred to in Clause [8.1(e)].

8.2 All of the parties' warranties, liabilities and obligations in respect of the subject matter of each Contract are expressly contained in these Terms or elsewhere in the relevant Contract. Subject to Clause [10.1] and to the maximum extent permitted by applicable law, no other terms concerning the subject matter of a Contract will be implied into that Contract or any related contract.


9. Complaints, credits and replacements


9.1 The Supplier will promptly and in any event within [10] Business Days, fully respond to all reasonable enquiries and complaints by the Customer relating to the quality, performance and durability of the Products.

[9.2 If Products do not comply with any warranty given by the Supplier under a Contract, the Customer may with the prior agreement of the Supplier return those Products for either (at the option of the Supplier):

(a) a full credit of the price paid to the Supplier for such Products [(excluding original delivery and related charges)];

(b) replacement Products; or

(c) a credit note in respect of the Price of the Products (to be offset against future purchases from the Supplier).]

[9.3 Products returned under Clause [9.2] must be properly packed and returned to Chef Range Cookers Ltd. At the address shown on the Invoice within 14 Business Days of receipt of the Products by the Customer. Any Products returned in contravention of this Clause will not be the subject of any credits or replacements

10. Limitations and exclusions of liability

10.1 Nothing in the Contract will:

(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;

(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
10.2
(c) limit any liability of a party in any way that is not permitted under applicable law; or

(d) exclude any liability of a party that may not be excluded under applicable law.

10.2 The limitations and exclusions of liability set out in this Clause [10] [and elsewhere in the Contract]:

(a) are subject to Clause 9and 10.1

(b) govern all liabilities arising under the Contract or in relation to the subject matter of the Contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty; and

[(c) will not limit or exclude the liability of the parties under the express indemnities set out the Contract.]

10.3 The Supplier will not be liable in respect of any loss of profits, income, revenue, use, production or anticipated savings.

10.4 The Supplier will not be liable for any loss of business, contracts or commercial opportunities.

10.5 The Supplier will not be liable for any loss of or damage to goodwill or reputation.

10.6 The Supplier will not be liable in respect of any loss or corruption of any data, database or software.

10.7 The Supplier will not be liable in respect of any special, indirect or consequential loss or damage. The goods must be examined on delivery or collection, if signed for as received undamaged the supplier will not bbe liable for any damage.

10.8 The Supplier will not be liable for any losses arising out of a Force Majeure Event.

10.9 The Supplier's aggregate liability under the Contract will not exceed the greater of:

(a) £200; or

(b) the total amount paid for the goods(if greater) payable by the Customer to the Supplier under the Contract.