Terms and Conditions1. In these conditions, 'The Company' means Penguin Refrigeration, and 'The Buyer' means a company, firm or person who places an order with the Company for the supply of goods or services.
2. These conditions shall govern and form part of every contract for the sale of goods or services entered into by the Company to the exclusion of all other terms and conditions whether express or implicit. No variation of or addition to these terms and conditions shall be binding upon the Company unless expressly accepted by the Company in writing under the hand of an authorised official of the Company.
3. Unless previously withdrawn, quotations and tenders are open for acceptance for the period stated therein or, if no period is stated, within 30 days thereof and cannot necessarily be maintained if acceptance is made outside the specified period.
4. The Company reserves the right to stipulate that all orders must be made in writing and shall not be binding upon the Company unless accepted by the Company in writing and made subject to these conditions.
5. Orders are accepted by the Company when payment is received in full.
a) Delivery for UK orders will be added to the order and paid for at the time the order is placed on our website.
b) Delivery for orders outside the UK will be charged separately. The amount will be charged at cost and confirmed once the delivery address with Zip code is received with the order. The Company will then send a link to the website where the additional carriage can be purchased.
c) Any additional costs for insurance, import duty or customs clearance will be as set out in the terms and conditions of the specific carrier used - details of which will forwarded on written request.
6. No cancellation or waiver of an order by the Buyer shall be effective unless made in writing and until accepted in writing by the Company. The Company reserves the right to levy cancellation charges that shall take into account all expenses incurred and commitments made by the Company and all losses due to such cancellation. This charge will be a minimum of 20% of the order value.
a) Claims for the inferior quality or other defect in the goods supplied by the Company must be notified to the Company in writing not later than 3 days following the date of the delivery. The Company s liability in respect of goods which are defective as a result of the Company s default shall be limited to the repair or replacement (at the Company s option) of the goods and the Company shall not be liable for any consequential injury, loss or damage sustained by the Buyer or by any third party, nor shall any claim be greater in amount than the purchase price of the goods in respect of which such claim is made.
b) Any claims by the Buyer relating to the transport of goods must be lodged in writing to the Company within such period as will enable the Company to comply with any time limit and procedure relating to the acceptance of complaints or claims adopted by the carriers by whom the goods were transported. If the Buyer fails to comply with this clause, the goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for the same at the time or times specified hereunder.
c) No responsibility will be accepted by the Company for loss or damage to the goods after delivery. d) Apart from these conditions of sale, all other conditions, warranties and representation express or implied and statutory or otherwise implied undertakings, conditions or warranties in favour of a person dealing as a consumer, which by virtue of statute, are incapable of being excluded by these conditions.
e) The Company, whilst making every effort to effect prompt delivery, will not be liable for loss or damage occasioned by delay in delivery, howsoever caused and any delivery dates quoted are subject to this condition.
f) Delay in delivery or despatch shall not render the contract subject to cancellation by the customer, time of delivery not being the essence of the contract.
a) All prices include only such goods, accessories and work as are specified in the quotation. Any variation in quantity may entail the Company varying the price of goods.
b) The Company reserves the right to alter the price of the goods at any time before delivery to take in account all or any of the following factors:
(i) Where instructions received by the Company from the Buyer prove to be inaccurate or insufficient.
(ii) Where goods are imported and variation of official currency exchange rates.
(iii) Increased costs resulting from charges or special taxes imposed by any government.
(iv) Increased labour and/or material costs.
9. Payment shall be made when the order is palced on the Company website. The Company shall, at its' discretion and without prejudice to the Company s right to treat the contract as repudiated and claim damages, be entitled to withhold despatch of goods until all monies owing to it by the Buyer are paid in full.
10. Force Majeure. The Company shall have no liability to the Customer if its' performance of the contract is prevented or hindered by any cause whatsoever beyond the Company s' reasonable control and in particular, but without prejudice to the generality of the foregoing, by act of God, war, restrictions or prohibitions of any government act or omission, whether local or national, fire, flood, subsidence, sabotage, accident, strike or lockout.
11. Notwithstanding delivery to the Buyer, the property in the goods shall remain in the Company until all payments under the contracts have been made. In the case of a contract for delivery by instalments, the property in the goods comprised in each instalment shall pass upon payment for such instalment. Until such time as the property passes to the Buyer in accordance with this provision.
a) The Company, without prejudice to any of its' other rights, recover or resell the goods or any of them and may enter the Buyers' premises for that purpose.
b) The Buyer holds the goods as bailee under a contract or bailment for the Company.
12. Law and Jurisdiction
12. a) Any contract or series of contracts made subject to these terms shall be subject to and governed by English law
12. b) In the case of Business Customers any dispute arising under them shall be submitted to the exclusive jurisdiction of the Courts of England and Wales.
12. c) In the case of customers who are consumers or who are not contracting in the course of business any dispute shall be submitted to the non-exclusive jurisdiction of the Courts of England and Wales.