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Terms and Conditions

Website Terms Of Use

IMPORTANT LEGAL NOTICE 

These Terms and Conditions ("The Terms") govern your use of the Website at www.brakesce.co.uk and www.cew.co.uk (and any replacement website or any website used by us in connection with this Website) ("The Website") and your relationship with Brake Brothers Limited of Enterprise House Eureka Business Park Ashford Kent TN25 4AG trading as Brakes Catering Equipment (“we, us or our”). Please read The Terms carefully before using the Website as they affect your rights and liabilities and they govern the sale of all products (“Products”) via the Website.

1 USE OF THE WEBSITE

1.1 If you do not agree to be bound by these Terms please do not register with us and please stop using this Website immediately. Your registration or continued use of this Website indicates your acceptance of these Terms and your agreement to be bound by them.

1.2 If you are not purchasing Products as a consumer you confirm that you have the authority to enter into a contract and agree to these Terms on behalf of the organisation which you represent.

1.3 All quotations made, orders accepted and sales effected shall be subject to the following Terms and no alteration, modification or term inconsistent herewith shall have effect unless expressly accepted in writing by us.

2 CHANGES TO THESE TERMS

  • 2.1 We may revise these Terms at any time by updating them on the Website. You should check the Website from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by notices or terms located on particular pages of this Website.

3 REGISTRATION

3.1 Where any part of the Website requires you to register or provide information it is your obligation to provide complete and accurate information and to update us of any changes to such information where appropriate.

3.2 Registration is personal to you only and you must ensure that any password provided is only used by you. As such you will be entirely responsible for all activities carried out using your password even if such activities are not carried out by you.

4 ORDERING PROCESS

4.1 If we receive your order we will acknowledge such receipt but this does not mean that your order has been accepted. All orders are subject to acceptance by us and such acceptance will only be confirmed by us sending you an email (“Contract Confirmation E-mail”) confirming that the Products have been or will be dispatched to you. The contract between us and you will not exist until we send such Contract Confirmation E-mail.

4.2 The contract between us will only relate to the Products set out in the Contract Confirmation E-mail and orders in general are strictly subject to availability and our sole discretion.

4.3 We reserve the right to vary or modify the specification of Products without notice unless a written undertaking has been given to the contrary.

5 DELIVERY AND DELAY

5.1 This Website is only for delivery of Products in the United Kingdom. We cannot deliver to any other place unless specific arrangements are agreed with us.

5.2 Delivery of the Products shall take place in accordance with Delivery Details. All delivery timescales are estimates and time in relation to delivery shall not be of the essence.

5.3 We shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver Products by a particular date or arising as a result of any cause beyond our control. Time for delivery shall not be of the essence unless otherwise agreed by us in writing.

5.4 Delivery of Products shall be made by us (or by a third party carrier) to such reasonably accessible premises as you shall reasonably require. You shall allow us reasonable access to such premises and shall use best endeavours to ensure that a responsible person shall be at the place of delivery to take delivery of the Products and to sign for them. In the event of no such person being present at the time of delivery you hereby consent to us leaving the Products at what appear to be the premises nominated by you as the place of delivery and when the Products are so left risk in the Products shall pass to you and you shall be responsible for storage and insurance in relation to the Products. No liability shall pass to us in respect of such Products.

5.5 If you fail to take delivery or fail to give us adequate delivery instructions at the time stated for delivery then without prejudice to any other right or remedy available to us, we may:
  • 5.5.1 charge you the cost of carriage of the refused delivery both to and from your premises in addition to our administration charges involved;
  • 5.5.2 store such Products until actual delivery and charge you for the reasonable costs (including insurance) of storage;
  • 5.5.3 sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the prices under the contract or charge you for any shortfall below the price under the contract.
5.6 If somebody voluntarily signs for the Products at the premises nominated for delivery we are entitled to consider such person as having authority to sign for such delivery. If it transpires that such person did not have such authority this is a matter for you and for the purposes of these Terms in such circumstances, the delivery of the Products shall be considered to have been accepted.

5.7 Where erection, installation and/or positioning of Products are part of our contract with you, you shall ensure that the relevant site is clear and ready for installation. Should the site not be ready as stipulated for such installation we reserve the right to make a charge for any costs incurred as a result of being so prevented and/or as a result of any delay or subsequent installation.

6 PRICES AND VARIATION OF QUOTATION

6.1 We take payment (through our third party payment facilitator) from you after receiving your order, verifying your card details and establishing that we can fulfil your order. In the event that we are unable to supply the Products, we will inform you of this as soon as possible and in such circumstances a full refund will be given if payment has already been made.

6.2 Unless otherwise agreed in writing we reserve the right to make such amendments or cancel the quotation or order should any information or data supplied by you to us prove to be incomplete or inaccurate in any respect.

6.3 Any discount which may be agreed between us and you will only be binding on us if such an agreement is evidenced in writing and the remainder of these Terms are strictly complied with by you.

6.4 Any forbearance by us in continuing to allow discounts in the event of breach by you of any of these Terms shall not be deemed to be a waiver of our rights and we shall be entitled to claim the undiscounted price of all Products supplied under the contract.

6.5 Although care has been taken to ensure specifications and prices are correct at time of printing or publishing, all information is liable to correction. We reserve the right to alter specifications and prices without prior notice.

6.6 The price you pay is the price displayed on the Website at the time we receive your order as confirmed in our Contract Confirmation E-mail. This is subject to the following exception:
  • 6.6.1 We always endeavour to ensure that all prices displayed are correct however it is possible that errors may occur. If there is an error in the price in relation to your order we will inform you as soon as possible and will confirm the correct price to you. You will then have the option to order at the correct price or to cancel your order. If you cancel and you have already paid for the Products, you will receive a full refund. If we cannot contact you with the correct amount, we will treat your order as cancelled.
6.7 All prices are displayed excluding delivery charges which are set out at the Delivery Details where applicable.

7 SETTLEMENT TERMS

7.1 Unless you have been granted a credit facility by us for which specific credit terms (“Credit Terms”) have been agreed you shall pay for all Products on-line prior to any completion of your order or dispatch of Products.

7.2 When Credit Terms are offered failure to pay by the due date shall entitle us to suspend delivery of all unexecuted orders. The time for payment of the price of the Products shall be of the essence in the contract.

7.3 We reserve the right at any time in our absolute discretion to demand immediate payment of any account whether due or not and to take legal action to recover the debt and costs.

7.4 If payment is not made in accordance with this clause 7, we reserve the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 on the overdue balances for the period from the date on which payment shall have become due until the date on which payment shall be made including any period after the date of any judgement or decree against you.

7.5 In the event of any cheques, standing orders or direct debits due from you to us being dishonoured, a charge of £45 (or such other sum as we may from time to time advise you) will be made on your account to cover bank and administrative costs.

7.6 We reserve the right in our absolute discretion to refuse to grant credit.

8 CANCELLATION AND RETURNS

8.1 Statutory law provides that if you are a consumer you may in most circumstances cancel a contract formed between us within 7 working days of receiving the Products relating to such contract. In such circumstances we will give you a full refund. You are a consumer if you are buying something for purposes outside of your business.

8.2 In order to cancel a contract under clause 8.1 you must inform us in writing. Following such a cancellation you shall be responsible for returning the Products to us and for the costs involved with such return. In relation to such Products you are obliged to take reasonable care of them.

8.3 If your order involves any services or involves any bespoke work or selection, your right to cancel shall be terminated as soon as works in relation to such service or bespoke work or selection commences. [This exception must be clearly communicated in the form of written information. This is something we need to discuss in general as it is a statutory obligation to supply it.]

8.4 If you are not a consumer under clause 8.1 any order accepted by us cannot be cancelled by you without our written consent. We reserve the right upon consent being given to levy a cancellation charge of not less than 20% to indemnify as for any loss whatsoever (including loss of profit) arising from the cancellation. Non-stock Products ordered on your behalf cannot be returned unless the manufacturer agrees to accept them. 

9 DAMAGE/LOSS AND RETURN PROCEDURES – PRODUCTS

9.1 Products should be examined on arrival by you or your agent and any damages or loss be entered on the carrier’s note/invoice.

9.2 Where delivery of Products is incomplete you shall notify us on the same day as delivery took place.

9.3 In the event of any damage/loss claims must be submitted by recorded delivery within 3 days of receipt of the Products. Damages must be made available for inspection. Under no circumstances shall credit be given or Products replaced if the Products are returned to us without our prior consent. Such written consent shall not be deemed to be evidence of any agreement to cancel the order or an admission by us of any defects in the Products supplied. We reserve the right to make a handling charge of not less than 1.5% of the net invoice price in respect of any Products returned to us with our consent.

10 GUARANTEE

10.1 We undertake to repair or replace free of charge any Products or part thereof used under normal conditions for which the Products were designed which is found to be faulty in either material or workmanship within 12 months of the date of delivery. This guarantee only applies to Products manufactured by us and excludes defects arising out of fair wear and tear, misuse or damage due to defective installation by other contractors by your act, omission, default or negligence or by accident or vandalism. Other Products are covered to the extent of the guarantee given by the manufacturer. Our responsibility is limited to repair or replacement of the Products or any part thereof and under no circumstances shall we be liable for consequential loss or damage. Our responsibility under this clause will cease if:

  • 10.1.1 you have not paid in full all invoices for Products supplied by us under this contract within the time stipulated under these Terms;
  • 10.1.2 our representatives are denied full and free access to the Products;
  • 10.1.3 you permit persons other than our employees or agents or those approved or authorised by us to effect any replacement of parts, maintenance, adjustments or repairs to the Products;
  • 10.1.4 you have not properly maintained the Products in accordance with printed instructions, pamphlets or directions given or issued by us from time to time;
  • 10.1.5 you use any spare parts or replacement not recommended by the manufacturer of the Products or supplied or approved by us or you fail to follow the instructions for the use of the same.

11 RISK/TITLE

11.1 Title in the Products shall not pass to you until all sums due from you to us howsoever they shall have arisen have been received in full and in cleared funds.

11.2 Until title passes to you, you shall store the Products in such a way that they are clearly identifiable as our property.

11.3 In the event of non-payment on the due date due to whatever reason or should any of the forms of insolvency detailed in condition 20 herein commence against you we shall have the right, without giving notice and without incurring liability, to enter into your premises and to take possession of the Products to which title has not passed. The right shall be without prejudice to any other legal rights or remedies available to you.

11.4 The risk of loss or damage to the Products delivered under this contract shall pass to you upon delivery to your premises. Delivery under this condition shall be deemed to have been effected upon the delivery vehicle reaching the delivery site. The unloading of the delivered Products from the vehicle and the movement and storage of the said Products shall be your responsibility and at your risk.

12 PERMITTED USE POLICY

12.1 You agree to comply with all applicable laws, regulations and codes of conduct that may apply to any of your activities and to ensure that anything you do in relation to this Website does not infringe the rights of any other person or body.

12.2 All information and material on the Website and any other material sent to you by us ("the Material") belongs to us or our licensors. In consideration of you complying with these Terms, we grant to you a non commercial, non exclusive, non transferable, royalty free licence to use such material to assist you in purchasing Products using the Website but for no other reason whatsoever.

12.3 We, or where appropriate our licensors, own the copyright and all other intellectual property rights (including but not limited to copyright, database rights, design rights (registered and unregistered) and trade marks) associated with the Material and the Website in general unless stated otherwise.

12.4 You agree that you shall not do any of the following without our prior written permission, either solely or jointly with or on behalf of any other third party directly or indirectly:
  • 12.4.1 reproduce or copy the Material or create derivative works from it (other than as allowed under this Permitted Use Policy), or modify or in any way commercially exploit any of the Material;
  • 12.4.2 distribute, transmit or publish any of the Material (including using it as part of any library, archive or similar service);
  • 12.4.3 create a database in electronic or structured manual form by downloading and storing all or any of the Material from this Website for any purpose whatsoever.
12.5 You agree that in relation to this Website you will not either solely or jointly with or on behalf of any other third party directly or indirectly:
  • 12.5.1 Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • 12.5.2 Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful or objectionable material or information;
  • 12.5.3 Do anything which is in any way unlawful;
  • 12.5.4 Upload files that contain software or other material protected by intellectual property rights (or by rights of privacy of publicity) unless you own or control such rights or have received all necessary consents;
  • 12.5.5 Make available, distribute or upload any files that contain viruses, bugs, corrupted files, Trojan horses, worms or any other software or programs that may in any way cause damage or harm;
  • 12.5.6 Delete any author attributions, legal notices, (including but not limited to copyright and trade mark notices) or proprietary designations or labels in any file that is uploaded;
  • 12.5.7 Falsify the origin or source of software or other material contained in a file that is uploaded;
  • 12.5.8 Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters;
  • 12.5.9 Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
  • 12.5.10 Damage, interfere with or disrupt access to the Website or do anything which may interrupt or impair the Website's functionality.

13 INFORMATION SUPPLIED BY YOU

13.1 You agree that by the act of posting any information onto this Website or sending us information by any means (including but not limited to email and letter) you agree that we may use such information in accordance with our Privacy Policy)

13.2 You agree that all information you supply to us is accurate, complete and up to date.

14 WARRANTY

14.1 The Website and the Material on it is provided on an "as is" basis. We do endeavour to ensure that this Website is always available and that it is accurate and complete however we make no representation or warranty of any kind express or implied statutory or otherwise. For example but not a limitation we make no representation or warranty regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. 

15 OUR LIABILITY TO YOU

15.1 This condition is intended to exclude certain and to limit others of your rights and remedies against us. It shall not give you any additional rights and remedies and shall not affect your duty to mitigate any loss or damage.

15.2 Your remedies against us for any breach shall be strictly limited to damages as limited by these Terms.

15.3 This clause sets out our entire liability to you in relation to your use of the Website and any Products purchased in relation to this Website.

15.4 Other than as stated in these Terms we make no (and expressly exclude all) conditions, representations or warranties, express or implied, whether by statute, common law or otherwise, to the greatest extent permitted by law.

15.5 Your use or reliance upon any of the information contained in this Website is entirely at your own risk and we shall in no way be responsible or liable for any such use or reliance. Furthermore we shall not be liable for the unavailability of the Website or any inaccuracy or incompleteness of any Material to the greatest extent permitted by law.

15.6 Nothing in these Terms shall limit or exclude our liability to you for death or personal injury where this is caused by our negligence or for fraudulent misrepresentation and nothing in these terms shall exclude or limit your statutory rights as a consumer or limit our liability for any breach of undertakings as to title implied by section 12 of the Sale of Goods Act 1979.

15.7 We shall not be liable to you for any loss of profits, loss of time, loss of opportunity, loss of data, damage to reputation, loss of use of money, any consequential or indirect loss, and loss resulting from third party claims against you or for any loss which is not reasonably foreseeable to us as a consequence of our breach of these Terms. This exclusion of liability shall apply to all such losses whether they are direct, indirect or consequential losses.

15.8 To the extent that we are liable to you, our liability shall be limited to:
  • 15.8.1 the cost of the Products that gave rise to such liability; or
  • 15.8.2 in relation to damage to tangible property caused by our negligence to £1,000,000 (one million pounds).
15.9 We make no warranty in relation to goods or services that are supplied by third parties through the Website and we exclude all liability in relation to them.

15.10 We cannot be responsible for the computer equipment and telecommunications equipment you use in relation to the Website or for the internet and telecommunications infrastructure in general. You are therefore entirely responsible for you own computer equipment and for the transmission of any information to the Website and we shall have no responsibility in relation to the security of such information.

16 LINKS AND ADVERTISEMENTS

16.1 We may provide links to third party webpages or other information external to the Website. Whilst we endeavour to vet those third parties who we link to we are not responsible for the contents of any information or for any goods or services which you may access by virtue of such links. You shall use and select any such links entirely at your own risk.

16.2 We may allow third parties to advertise their products and services on our Website and we may sponsor other third parties on our Website. We in no way endorse any products or services supplied by such third parties and you buy such products and services subject to the relevant third parties' terms and conditions and entirely at your own risk and subject to your own choice. Furthermore the third parties who advertise on the Website or who we sponsor are entirely responsible for the content of their advertisements, extracts or information contained and we exclude all liability, to the greatest extent permitted by law, for any errors or inaccuracies that may appear in such advertisements, extracts or information.

17 PATENTS AND COPYRIGHTS

17.1 You shall inform us forthwith of any claim by a third party claiming that any of our Products infringe any patent, copyright or design registration.

17.2 We shall be entitled at our own cost to defend or compromise any such claim and proceeding arising there from on such terms as it shall see fit. You shall use your best endeavours at our cost to assist with such defence.

17.3 We shall be entitled upon reasonable terms to replace or to modify any of our Products which infringe any patent, copyright or design registration so as to end such infringement.

17.4 Notwithstanding the generality of the foregoings you shall indemnify us against all damages, penalties, costs and expenses arising out of work done in accordance with your specification involving any infringement of a registered design or patent. You shall not copy, publicise or make available to any third party any drawings, patterns, tooling of any kind, written instructions, specifications, quotations and other technical papers supplied by us, and must return the same on demand without charge. We reserve the right to make a charge for any time incurred and the drawings provided for the schemes:
  • 17.4.1 when an agreement has been made between us and you that the drawings and information provided by us may be used for the preparation of tenders and quotations by other suppliers;
  • 17.4.2 if you neither accepts our quotation nor places an order with us.

18 CROCKERY – CUSTOM MADE PATTERNS

18.1 Manufacturers of Products have minimal initial quantities and minimum repeat order quantities and these vary by manufacturer. Quantities of Products cannot be guaranteed and are subject to a 10% tolerance factor which must be accepted by you.

19 TERMINATION

19.1 We may at any time take down the Website for any reason or prevent your access to it using your password either on a permanent or temporary basis and without the need for prior notice to you. Where you have made payment for Products, we will, where possible provide such Products following removal of the Website but where we cannot we will provide you with an appropriate refund. 

20 INSOLVENCY OF CUSTOMER
In the event that:

20.1 You make any voluntary arrangement with your creditors, propose to enter into a company voluntary arrangement, enter into administration, are unable to pay your debts as they fall due, make an application to a court to suspend enforcement action against you, or go into liquidation (in the event that you are a company) or becomes apparently insolvent, enters into a Trust Deed or voluntary arrangement for the benefit of your creditors (in the event that you are an individual or a firm) or if the equivalent occurs under any jurisdiction; or

20.2 An encumbrancer takes possession of, or a receiver or administrative receiver is appointed over any of your property or assets; or

20.3 You suspend any payments hereunder or cease, or threaten to cease to carry on business; or

20.4 We reasonably consider that any of the events mentioned above are about to occur in relation to you and notify you accordingly. Then without prejudice to any other rights or remedies available to us we shall be entitled forthwith to cancel the contract or suspend any further deliveries under the contract without liability to you and if the Products have been delivered but not paid for the price shall become immediately payable notwithstanding any previous agreement to the contrary.

21 NOTICE

21.1 We may serve notice upon you by any of the following means:
  • 21.1.1 electronic mail;
  • 21.1.2 a general notice on the Website;
  • 21.1.3 notice in writing delivered by first class mail to the address which you have provided for us.

22 GENERAL

22.1 No forbearance or indulgence on our part in enforcing these Terms shall in any way restrict, waive or prejudice any rights which we may have under these Terms or howsoever against you.

22.2 These Terms represent the entire contract between the parties hereto and supersede all prior agreements or communications (oral or written) between the parties.

22.3 If any of the provisions of these Terms are held to be invalid under any applicable statute or rule of law they are to that extent deemed omitted. If any of the provisions of condition 15.7 or 15.8 are deemed omitted by this paragraph the remaining provisions of condition 15 shall continue to apply.

22.4 We, but not you may assign the benefit of any contract of sale under these Terms.

22.5 We shall incur no liability whatsoever for any breach of contract of sale occasioned by reason of circumstance beyond our control or by reason of force majeure and in particular but without prejudice to the generality of the foregoing by reason of any delay or failure on the part of the manufacturer of any of our Products to supply such Products to you.

22.6 Any written communication given pursuant to these Terms shall be deemed to have been received by the addressee 3 days after its despatch in the ordinary course of post.

22.7 All disputes between us and you arising out of or in relation to this contract shall be referred to the determination of an arbitrator to be appointed by agreement of the parties or (in default of agreement within 21 days of the service upon one party of a written request to concur in such appointment) by the president for the time being of the Chartered Institute of Arbitrators.

22.8 These Terms shall be governed by the laws of England and you agree to submit to non-exclusive jurisdiction of the English courts.

22.9 If you are a partnership the liability of your individual partners shall be joint and several.

22.10 The agreement on behalf of you where you are a limited company by any person purporting to agree with your authority shall bind you and you shall be liable to comply with these Terms.

22.11 Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.

23 PERSONS UNDER THE AGE OF 18

23.1 If you are under 18 years of age you agree that you have had your parents permission to use the Website and send any information to us about yourself or anyone else over the internet.

24 INTERNATIONAL USE

24.1 We make no promise that the contents of the Website and the Products on the Website or available via the Website are available or appropriate for use in locations outside of the United Kingdom. Accessing this Website from any country where any part of the Website is illegal or unlawful is strictly prohibited. If you can access this Website outside of the United Kingdom you do so on your own initiative and are responsible for compliance with any applicable local laws.

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