Welcome

Wilkinson Mobile Catering Systems is the UK's leading manufacturer of mobile catering units. Established in 1978, our family-run business prides itself on high quality craftsmanship, friendly customer service and value for money.

 

 

 

 

 

 

 

 
 

Terms & Conditions

1. GENERAL

In these conditions of sales, unless the content requires otherwise:

1.1. 'The Buyer' means the person stated overleaf who buys or agrees to buy the Goods from the Company;
1.2. 'Business Days' means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
1.3. 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Company;
1.4. 'The Goods' as stated overleaf which the Buyer agrees to buy from the Company;
1.5. 'The Company' means Wilkinson Mobile Catering Systems Ltd (Company number 02891106) whose registered office is at Unit 1, Global Way, Lower Eccleshill Road, Darwen, Lancashire, BB3 0RW;
1.6. 'Materials' means any work or materials authored, created or performed by a third party and either commissioned for, or used in relation to, the Services, including library images;
1.7. 'Price' means the price for the Goods excluding carriage, packing, insurance and VAT.

2. CONDITIONS

2.1. All goods are supplied to the Buyer on the Conditions set out below to the exclusion of all other terms and conditions, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Buyer pursuant to these Conditions.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.4. There shall be no variation to these Conditions (including incorporation of any special terms) whatsoever unless expressly accepted in writing by a director of the Company.

3. THE DESIGN

3.1. The draft design for the Goods will be sent to the Buyer on email (to such email address provided to the Company for such purpose). The Buyer is required to review such designs and provide written confirmation that they are acceptable or otherwise (including details of any proposed amendments) within 5 Business Days of the date of the Company's email.
3.2. If the Buyer fails to comply with clause 3.1 or to a requests for information sent by the Company this may delay the delivery date. Furthermore if the Buyer fails to respond to requests for information sent by the Company within two weeks, the Company may terminate the contract on not less than 7 Business Days' notice and any deposit paid by the Buyer will be non-refundable.

4. PAYMENT

4.1. The Price shall be the Company's quoted price, subject to any variations under clause 7.
4.2. Quotes are valid for 30 days from the date of issue.
4.3. The Price is exclusive of VAT, which shall be due at the rate ruling on the date of the Company's invoice.
4.4. Upon placing the order of the Goods the Buyer shall pay the Company a non-refundable deposit, please note the deposit shall be variable depending on the nature of the Good.
4.5. Payment of the balance of the Price shall be due in full and cleared funds prior to delivery of the Goods in cash, Debit Card or by Bank Transfer.
4.6. Unless otherwise specified the Price quoted does not include delivery of the Goods to any location other than the Company's premises. An additional charge will be made by the Company for delivery of the Goods to any premises other than the Company's premises.
4.7. All payments due by the Buyer to the Company shall be made in Sterling, in cash, Debit Card or by Bank Transfer. For the avoidance of doubt time for payment shall be of the essence.
4.8. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment, at a rate of 2% above Barclays bank's base rate
from time to time in force, and shall accrue at such a rate after as well as before any judgment.

5. DELIVERY

5.1. The Company shall use reasonable endeavours to deliver the Goods by the date estimated in the order.
5.2. The Company will not be liable to the Buyer for any loss or damaged sustained as a result of failure to deliver the Goods by such estimated delivery date.
5.3. Delivery of the Goods shall be made by making the Goods available for the collection by the Buyer at the Company's premises, on the delivery date.
5.4. As soon as reasonably practicable the Company will give the Buyer confirmation of the delivery date.
5.5. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
5.6. If the Buyer refuses to accept delivery of the goods on that date or within 2 Working Days thereof the Buyer shall be deemed to have automatically terminated the contract for the purchase of the Goods. In such circumstances the Buyer will:
5.6.1. forfeit any deposit paid; and
5.6.2. remain liable to the Company for any loss it sustains as a consequence of such cancellation; and
5.6.3. on demand pay the Company all reasonable storage fees for the Goods at a rate of £25 per day, from the date the Goods were made available for delivery until such time as they are sold to a third party.

6. QUALITY AND PURPOSE

6.1. The Company warrants the Goods supplied will at the time of delivery accord with the order agreed with the Buyer in Writing.
6.2. All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise, are excluded to the fullest extent permitted by law.

7. VARIATIONS

7.1. The Company shall not be obliged to carry out any variations to the order for the Goods unless the Buyer submits a written request for such variations containing an exact description of the work and/or parts required and the Buyer accepts in writing the Company's terms for resulting addition or variation to the purchase price of the Goods.

8. GUARANTEES

8.1. The Company guarantees new Goods against any defects in design workmanship, construction or materials including working parts for a period of twelve months from date of invoice.
8.2. If any defect manifests itself during the warranty period the Company will at its own discretion and expense repair or replace the Goods upon the Buyer returning the Goods at the Buyer's own expense to the Company at its premises in Darwen, Lancashire.
8.3. The Company shall have no further liability to the Buyer under this Guarantee and in particular but without prejudice to the generality of the foregoing the Company shall not be liable for any costs, damage, losses or expenses incurred by the Buyer in the repair and/or replacement of the Goods nor any costs, damage, losses or expenses incurred or suffered by the Buyer of an indirect or consequential nature, including without limitation any economic loss or other loss of turnover, profits, business or goodwill suffered by the Buyer whilst the Goods are being repaired and/or replaced by the Company.
8.4. The Guarantee in this clause 8 does not apply to:
8.4.1. any defect unless the Buyer gives written notice of the defect to the Company, within 5 Business Days following delivery and within a reasonable period of time when the Buyer discovers, or ought to have reasonably discovered, the defect;
8.4.2. any defect which (in the opinion of the Company) arises by reason of misuse, misapplication, neglect or accident, or as a result of the Buyer failing to follow the Company's or manufacture's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods;
8.4.3. any new Goods which have been altered, modified, or repaired other than by the Company or a repairer authorised by the Company without the prior written consent of the Company;
8.4.4. components not manufactured by the Company in which case the Buyer is entitled only to the same extent that the Company is itself entitled to a guarantee provided by the manufacturer;
8.4.5. to cosmetic deterioration resulting from fair wear and tear (including the natural ageing of constituent materials);
8.4.6. Leisure Batteries, Upper Tap Assemblies, Battery Chargers, Used Fridges, Paintwork on used units, tyres and windscreens and second hand goods.

9. TITLE AND RISK

9.1. Property in the Goods shall remain with the Company until the Buyer has paid all monies owed to the Company in full.
9.2. Notwithstanding condition 8.1 above all risk in the Goods shall pass to the Buyer upon delivery.

10. DEFECTS

10.1. It is the Buyers obligation to inspect the Goods at the time of delivery.
10.2. In the event that the Goods are delivered by an independent Carrier no claim in respect of Goods damaged in transit or loss will be accepted if the Carrier has been given clear receipt for the Goods or if the Carrier is not notified in writing of such loss or damage and of relevant particulars within the time provided for under the standard terms and conditions of the Carrier concerned for the time being in force. Such notification to the Carrier shall be given by the Buyer in writing and the Buyer shall peruse the Carrier for any loss or damage. The Buyer agrees to notify the Company in writing when any claim is made against the Carrier and to advise the Company of the outcome of such claim without delay.

11. BUYER ACKNOWLEDGEMENT

11.1. The Buyer acknowledges and agrees:
11.1.1. that the Buyer has had a reasonable opportunity to inspect the Goods before signing the Company's delivery note;
11.1.2. that except where clause 10.2 applies the Buyer has inspected the Goods before signing the Company's handover sheet;
11.1.3. that the Buyer has satisfied itself as to the condition of the Goods before signing the Company's handover sheet;
11.1.4. that the sole and exclusive warranties given by the Company as to the quality or fitness for any purpose of the Goods shall be that (if any) set out in these Conditions;
11.1.5. that except and in so far as is provided (if at all) in these Conditions:
11.1.5.1. the Company gives no representation or undertaking, and shall be bound by no condition, warranty, innominate term or other obligation (whether express or implied, and whether imposed or implied by statute, at common law or otherwise) concerning the condition, quality, physical state or attributes, location, origin, fitness or suitability for any purpose, or conformity with description or sample, of the Goods;
11.1.5.2. all liability on the part of the Company in respect of the matters referred to in clause 11.1.5.1 is excluded; and
11.1.5.3. the Buyer undertakes not to bring any claim or resort to any proceeding in respect of the matters referred to in clause 11.1.5.1.
11.2. that the entry or inscription of the Buyer's signature on the Company's handover sheet on delivery of the Goods to the Buyer shall be conclusive evidence that the Buyer has examined and accepted the Goods and that the Goods correspond in every respect with the Goods that the Buyer is entitled to receive under the contract.

12. INTELLECTUAL PROPERTY

12.1. In circumstances where the Buyer provides the Company with Buyer Materials the Buyer warrants that it owns or has a licence to use the intellectual property rights in such Buyer Materials and grants the Company a non-exclusive licence to use them for the purpose of manufacture of the Goods.
12.2. The Buyer shall indemnify and hold harmless the Company against all third party claims which may be asserted against or suffered by the Company and which relate to or arise out of connection with the use of the Buyer Materials provided by the Buyer or its authorised third parties.
12.3. The Company reserves the right to take photographs of the Goods prior to Delivery, and to include such photographs in promotional materials for the Company, including (without limitation) use on the Company's website. All intellectual property rights, including copyright in the photographs remains with the Company. If the Buyer does not wish its Goods to be used in this way it must object in writing to the Company prior to delivery of the Goods.

13. LIMITATION OF LIABILITY

13.1. Except in the case of death or personal injury caused by the Company's negligence, the Company's liability under or in connection with this agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the aggregate sum paid by the Buyer for the Goods.
13.2. Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.

14. FORCE MAJEURE

14.1. If the manufacture, transport and/or delivery of the goods is prevented interrupted delayed by circumstances beyond the Company's reasonable control including, but not limited to, war, civil riot, shipwreck or any accident at sea, in the air or on the land, fire, flood, Government order or control, or in any form strikes, lock – outs reduction in or unavailability of power supply or breakdown of plant or machinery or shortage or unavailability of raw materials from normal sources or in any event for which a third party is responsible the Company shall have the right to cancel or delay delivery or cancel the supply of Goods in such manner as it may seem reasonably think fit and the Company shall not be liable for breach of contract.
14.2. If such circumstances continue for a continuous period of more than 3 months, either party may terminate this Agreement by written notice to the other party.

15. MISCELLANEOUS

15.1. The provisions of the Contracts (Rights of Third Parties Act) 1991 shall not apply to this {Agreement}, and a person who is not a party to this {Agreement} shall have no right under that statute to enforce any term of this {Agreement}.
15.2. This Agreement contains the whole agreement between the parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
15.3. Nothing in this Agreement excludes or restricts the liability of any party for fraud or bad faith.
15.4. Neither Party shall assign, mortgage, charge or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the other Party.
15.5. This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties, other than, and except as provided for in, the contractual relationship expressly provided for in this Agreement.
15.6. Neither party shall have, nor shall either party represent that it has, any authority to make any commitments on the other party's behalf.
15.7. No inaction, omission, failure or delay by the Company in exercising or securing the enforcement or validity of any right, power, privilege or demand arising under or in connection with this Agreement, and no single or partial exercise of any such right, power, privilege or demand shall impair the existence, operation, content, effect and enforcement of the said right, power, privilege or demand, or operate as a waiver of it. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.

16. GOVERNING LAW

16.1. These Conditions shall be governed construed and shall take effect in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English court, to which the parties submit.

Wilkinson Mobile Catering Systems Ltd, Unit 1, Global Way,
Lower Eccleshill Road, Darwen, Lancashire.
BB3 0RW, UK
E-mail: info@wilkinsoncatering.co.uk
Telephone: 01254 706 348
Fax: 01254 701 335
Web and SEO by Gofour.co.uk

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