Terms & Conditions of Sale

The following terms and conditions ('the conditions') are the terms on which GBS Kitchens Ltd ('the company') sells products and supersedes all other terms and conditions relating to those products.

  1. Price and Payment.

    1. 1.1 The price (including VAT) for the Goods ('the Price') is the quoted Price of the seller and is shown on the quotation document and Payment of the Price must be made by one of those means shown on the quotation ('the Quotation') and in accordance with the payment schedule shown.
    2. 1.2 If the Price is not met through the payment schedule, interest shall accrue both before and after judgement on the unpaid portion of the Price at the rate of four per cent above the base rate from time to time of Lloyds TSB Bank Ltd.

  2. Goods.

    The description and quantity of the Goods to be sold ('the Goods') shall be set out in the quotation provided by the Seller to the Buyer ('the Quotation').

  3. Delivery.

    The Seller shall deliver the Goods to the Buyers address and on the date as both are shown on the quotation. Time shall not be of the essence for delivery.

  4. Acceptance.

    At the completion of the installation the customer shall inspect the Goods and sign the satisfaction note ('Satisfaction Note'). The Buyer must give indication of any unsatisfactory item at the point of completion of the installation so that this may be immediately remedied. No complaints may be accepted after this point. Full and final payment must be made at this point.

  5. Title and Risk.

    The goods shall be at the risk of the Buyer following delivery and, notwithstanding delivery, title in the Goods shall not pass to the Buyer has made payment of all sums owed to the Seller failing which the Seller shall have the right to repossess or otherwise to recover the Goods. Until the title passes the Buyer shall hold the goods as bailee for the Seller and shall store them such that at all times they can be identified as the property of the Seller.

  6. Limitation of Liability.

    1. 6.1 Save in respect of personal injury or death due to the negligence of the Seller, the Seller shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods.
    2. 6.2 Without prejudice to clause 6.1 the Seller shall not be liable to the Buyer or any third party for any loss of profit, consequential or any other economic loss suffered by the Buyer arising in any way from this Agreement.

  7. Force Majeure.

    The Seller shall not be responsible for any default due to any circumstance beyond the reasonable control of the Seller including, but not limited to, Acts of Gog, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.

  8. General.

    1. 8.1 If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
    2. 8.2 The Seller may without the consent of the buyer sub-licence its rights or obligations or any part of these Conditions.
    3. 8.3 The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.

  9. Third Party Rights.

    Notwithstanding any other provision of this agreement, nothing herein shall confer nor is it intended to confer a benefit on any third party for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose.

  10. Govering law and jurisdiction.

    The laws of England and Wales shall govern this agreement.

  11. Rights of Consumer.

    Nothing in these conditions shall affect the statutory rights of a consumer.