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Terms & Conditions

Foster-Fridge.com (TT Commercial Trading Ltd) STANDARD TERMS & CONDITIONS OF SALE ('this agreement')

In this Agreement, the "Customer" means any person who places an Order with Foster Fridge (either as a private consumer or as a business);

the "Goods"
means any items sold or supplied by Foster Fridge under an Order;

"Foster Fridge"
means Foster-Fridge.com (TT Commercial Trading Ltd), a company incorporated in England with company number 5965260

"Order"
means any request or order (via phone, web order (excluding Ebay or Amazon) or mail order) to purchase the Goods, and;

the "Parties"
refers to the Customer and Foster Fridge.

Ordering

1.1 It is the Customers responsibility to make sure the item/s ordered are of the correct specification, size and requirements for their needs.

Delivery

2.1 Delivery, on orders over £175.00 + VAT is free of charge to the Customer only, unless stated otherwise.

2.2 Standard delivery will take place between 8.00am – 5.30pm, Monday to Friday, except bank holidays.

2.3 Foster Fridge will use reasonable endeavours to deliver the goods within the time agreed when the Customer places an order and, if no time is agreed, then within a reasonable time, but the time of delivery will not be of the essence. If, despite those endeavours, Foster Fridge is unable for any reason to fulfil any delivery or performance on the delivery date, Foster Fridge will be deemed not to be in breach of the Contract, nor (for the avoidance of doubt) will Foster Fridge have any liability to the Customer for direct, indirect or consequential loss (all three of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, depletion of good will and like loss) howsoever caused (including as a result of negligence) by any delay or failure in delivery except as set out in this condition.

2.4 Deliveries are kerbside/goods in only

2.5 Deliveries will be undertaken on a large 18 tonne truck (similar in size to a double decker bus). It is the Customers responsibility to make sure a vehicle of this size can access site. Failure to inform Foster Fridge of vehicle access restrictions that result in an aborted delivery will be chargeable to the Customer. Specialist delivery services can be quoted but must be requested in advance of the order being placed

2.6 It is the Customers responsibility to make sure site access is suitable for the item/s ordered. Foster Fridge ask that access points and the final place of positioning are measured and assessed thoroughly. An aborted delivery due to access restrictions or the unit not being able to fit will be chargeable to the Customer. A free site survey service is available but must be arranged in advance of the order

2.7 Any costs incurred due to inadequate site access shall be charged to the Customer.

2.8 If the Customer fails to take delivery of the goods, Foster Fridge shall be entitled to invoice and be paid for the goods as though they had been duly delivered. Foster Fridge may arrange storage of the goods until actual delivery and charge the Customer for the reasonable costs of storage.

Inspecting & Signing for Goods

3.1 It is the Customer’s responsibility to inspect the goods upon delivery. Foster Fridge accepts no responsibility for alleged non-delivery, shortfall of goods, or other discrepancy unless notification is received within 24 hours from the date of delivery. In the absence of such notification the Customer shall be deemed to have accepted the goods.

3.2 If the outer packaging or item/s is damaged upon delivery the Customer must ensure the courier signs to this effect and the customer must notify Foster Fridge immediately. Notification of damage after the item has been delivered and signed for will not be accepted for any subsequent claim.

3.3 Signing for the delivery means the Customer has accepted the delivery and agreed the items are in good condition.

3.4 Signing for goods as unchecked (or similar) will not be accepted for any subsequent claim.

Refunds/Cancellations/Returns

4.1 Goods despatched to the Customer and subsequently accepted for Cancellation by Foster Fridge will be subject to an abortive delivery charge, as well as any cancellation charge deemed necessary by Foster Fridge.

4.2 Foster Fridge at its absolute discretion may agree to the Return of the goods by the Customer provided that the goods are returned at the Customers expense, in the same condition and in the original packaging as of the date of despatch by Foster Fridge or their agents.

4.3 Any goods agreed by Foster Fridge as acceptable for return for any reason (excluding faulty goods) will be subject to a restocking charge together with reimbursement of any expense incurred by Foster Fridge as a consequence of the return of said goods to Foster Fridge’s stock. Re-stocking fees do vary dependent on the goods.

4.4 Any goods returned damaged will result in additional charges being made to the Customer for repairs or, if the goods are beyond economical repair, the return of the goods to the Customer, at the Customers expense, and no refund being given.

4.5 ‘Specialist’ ‘Bespoke’ and ‘Built to Order’ units may not be Cancelled once the order is placed or may not be excepted for return and no refund given. This will be completely at the discretion of Foster Fridge.

4.6 No goods will be accepted for Return 14 days after the delivery date.

Warranties

5.1 Warranties are supplied by the machine manufacturers. Warranties supplied by these manufacturers are subject to the manufacturer’s terms and condition.

5.2 Warranties are for the machines only.

5.3 Warranties do not cover or include site services, pipe work, cabling and connections. Foster Fridge will not be liable for any loss or damage (loss of profit or otherwise) or any other claims for compensation arising from warranty issues.

Installation

6.1 If the customer chooses to install themselves or sources third party engineers, the customer is accepting responsibility for the work undertaken. In no part will the machine manufacturer or Foster Fridge be responsible for the site services, pipe work, cabling and connections.

6.2 Machines will not be covered under warranty for machine damage caused by the Customer or third-party engineers.

Selling Regulations

7.1 Foster Fridge is a seller of commercial catering equipment, purchasing from us is a commercial (business to business purchase) and is not covered by the Consumer Contracts Regulations (formerly The Distance Selling Regulations) which applies to business to consumer sales.

Liability

8.1 The Customer agrees that Foster Fridge will not be liable for any losses or damage suffered by the Customer, including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. Foster Fridge will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude Foster Fridge’s statutory liability for injury or death.

8.2 Goods sold are not insured for delivery unless otherwise confirmed by Foster Fridge.