General Website Terms & Conditions

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Bartlett Refrigeration’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Bartlett Refrigeration’ or ‘Bartlett’ or ‘us’ or ‘we’ refers to the owner of the website: K F Bartlett Ltd, registered in England, number 635151, registered address is: Marsh Green Road West, Marsh Barton, Exeter, Devon, EX2 8PT. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: your IP address.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

General terms of Trading

1. General: (1) These conditions (a) where incorporated in an order confirmation shall form the sole express terms of the contract constituted thereby and (b) where incorporated in a quotation shall form the sole express terms on which the offer constituted thereby is made.

(2) Any quotation incorporating these Conditions shall be accepted in writing or via email, and not orally, unless prior orders have been signed, whereby conditions of trading have been supplied, and apply to all future sales.

(3) The details of the quality, description and price of goods contained in the order confirmation or quotation incorporating these Conditions are subject to correction in writing by us in case of omissions or clerical error.

(4) Where the contract permits, in these Conditions references to the contract mean the order confirmation incorporating these Conditions or the contract arising out of the acceptance of a quotation incorporating these Conditions and the singular includes the plural and VICE VERSA.

2. Price:The unit price is based on the cost to us of materials, goods, labour, transport and of conforming to statutory obligations at the date of the order confirm­ation or quotation. If, between that date and the date of final performance of the contract variations either by rise or fall occur in these costs then the price may at our option be amended to provide for these variations.
3. Drawings and specifications:All drawings and specifications prepared or supplied by us shall remain our property. They may be used by you only for inclusion in any quotation made by you to a prospective customer of yours, and for no other purpose except with our written consent.
4. Performance:Any performance figures given by us are based upon our experience and are such as we expect to obtain under normal test conditions. Liability for such figures can only be accepted when the actual working conditions are no more severe than the normal test conditions of the supplier.
5. Delivery Period:Although every effort will be made to deliver on the specified date, any failure to do so shall not amount to a breach of contract. For this purpose the specified date where a period is named for delivery shall be the date of expiration of that period.
6. Delivery:(1) Delivery will take place by any method of transport chosen by us. We may charge extra if –

(a) goods are completed in accordance with the contract but we are prevented from delivering them due to your instructions; or (b) delay is experienced at the time of delivery in obtaining clear access for the purpose of placing the goods in their final positions; or (c) through no fault of ours goods are not accepted when delivered in accordance with your instructions.

(2) Where a period is named for delivery and such period is not extended by mutual consent in writing or under the provisions of Condition 12 you shall take delivery at any time within that period.

7. Damage in transit:Goods in transit may be insured by us at your expense. Any damage to goods must be brought to our attention within 24 hours, otherwise no claims or allowances can be met. We are entitled to inspect all damages after notification.
8. Extra Cost:Should we incur extra cost due to your instructions or lack of instructions involving us or our suppliers in delays, overtime, interruptions, unusual hours, mistakes or other costs and liabilities for which we are not responsible, such extra cost (as well as the cost incurred in keeping any of our men or those of our sub-contractors on the site after the completion of the contract) shall be added to the contract price.
9. Erection:You will provide a clear and level base or floor of adequate strength ready to receive the goods together with suitable access to the same. Unless otherwise agreed any labour required for the unloading and handling of the goods shall be provided by you. Facilities for storage of plant and the materials necessary for carrying out the work (including the free use of adequate lighting, water and electricity) shall also be provided by you.
10. Time of acceptance:The goods shall be deemed to have been accepted by you on the date when either erection on site is completed or the goods shall be put into commercial use (whichever is the earlier) or, in the case of preassembled goods, when delivery has been made to an address in accordance with the delivery instructions. For the purpose of this Condition no account shall be taken of additions, minor omissions, or defects, which do not materially affect the commercial use of the goods.

10A. Cancellation:  No order which has been accepted by us may be cancelled by you except with the agreement in Writing by us and on terms that you shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation.

11. Force majeure:Contracts and deliveries may be suspended in the event of any strike, lock-out, trade dispute, fire tempest, break-down, accident, riot, theft, crime, civil disturbance, war, force majeure or other occurrence preventing or retarding the execution of any contract and no responsibility shall attach to us for any default, delay, loss or damage due to any of the above causes or to any other cause beyond our control. In the event of a suspension of the contract for any reason, we reserve the right to complete the contract after the cause of the suspension has been removed.
12. Partial Deliveries:  We shall be entitled to make partial deliveries which will be paid for within the time stated in the contract. If, in our opinion, the credit rating and/or financial standing of the buyer is unsatisfactory, we may refuse to deliver the goods then undelivered until full payment has been received or security for such payment satisfactory to us, has been provided.
13. Drawings etc.:  All descriptions, illustrations, particulars of weights and dimen­sions contained in our catalogue, price list, and other advertising matter are subject to amendment without previous notice, are intended merely to present a general idea of the goods described therein, and shall not form part of the contract unless specifically agreed in the contract.
14. Payment: All payments due to us are to be made strictly in accordance with the agreed terms of payment and in the currency stated in the contract. The time of payment shall be of the essence of the contract and interest will be added to any amount unpaid at the rate of 2% per month from the date the payment should have been made.
15. Risk and Property:
16. Risk of damage to or loss of the Goods shall pass to you:

(a)      (i)  ‑in the case of Goods to be delivered at our premises, at the time when we notify you that the Goods are available for collection; or

(ii) ‑in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you wrongfully fail to take delivery of the Goods, the time when we have tendered delivery of the Goods.

(b) ‑Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by us to you for which payment is then due.

(c) ‑Until such time as the property in the Goods passes to you, you shall hold the Goods as our fiduciary agent and Bailee, and shall keep the Goods separate from those of you and third parties and properly stored, protected and insured and identified as our property, but you shall be entitled to resell or use the Goods in the ordinary course of its business.

(d) ‑Until such time as the property in the Goods passes to you (and provided the Goods are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith, to enter upon any premises of ours or any third party where the Goods are stored and repossess the Goods.

(e) ‑You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if you do so all moneys owing by you to us shall (without prejudice to any other right or remedy by us) forthwith become due and payable.

(f) You agree to allow us access to your premises if necessary to recover the goods.

2. ‑Change to Goods

We reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to our specification, which do not materially affect their quality or performance.

3. ‑Default of Payment

3.1. ‑If you fail to make any payment on the due date then , without prejudice to any other right or remedy available to us, we shall be entitled to:-

3.1.1. cancel the contract or suspend any further deliveries to you;

3.1.2. ‑appropriate any payment made by you to such of the Goods (or the goods supplied under any other contract between you and us) as we may think fit (notwithstanding any purported appropriation by you).

4. Liability

4.1. ‑Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

4.2. ‑Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.

4.3. ‑Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence by us, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you, and the entire liability by us under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

5. Business customers – Limitation of liability: The customer’s attention is particularly drawn to this clause.

5.1. Nothing in these conditions shall limit or exclude the Supplier’s liability for:

5.1.1. ‑death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

5.1.2. ‑fraud or fraudulent misrepresentation;

5.1.3. ‑breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

5.1.4. ‑breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

5.1.5. ‑defective products under the Consumer Protection Act 1987.

5.2. ‑Subject to clause 5.1 above

5.2.1. ‑the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and

5.2.2. ‑the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £5,000.

5.2.3. ‑Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

5.2.4. ‑This clause 5 shall survive termination of the Contract.

6. Insolvency of the Buyer

6.1. This clause applies if:

6.1.1. ‑you make any voluntary arrangements with your creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

6.1.2. ‑an encumbrancer takes possession, or receiver is appointed, of any of the property or assets of you; or

6.1.3. you cease, or threaten to cease, to carry on business; or

6.1.4. ‑we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and notify you accordingly.

6.2. ‑If this clause applies then, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

7. ‑General

7.1. ‑Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

7.2. ‑No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

7.3. ‑If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

8. Third Party Rights

‑A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

16. Cost of recovery:We may recover from you any costs and expenses incurred by us in recovering a debt due to us from you on a basis of full indemnity.
17. Discounts:  No discount or rebates are allowed other than those expressly agreed to by us in writing.
18. Return of goods:Except where we agree in writing to do so, we will not accept the return of goods. Any goods returned shall be at your risk and carriage free.
19. Unless stated otherwise at time of sale, the goods supplied will be in perfect condition and no allowance, credit or exchange can be undertaken once the customer has examined the goods and signed to the effect that they have been received in good order.
20. Goods on loan:Goods supplied by us on loan must be insured by you against all risks at your expense with a reputable insurance office in our name. The period of loan in any case shall not exceed 12 months. If the goods are not returned after the expiration of the period, they will be deemed to have been purchased by you at the price then in force for the goods and payment therefore shall be made within 8 days of receipt by you of the invoice.
21. Determination of contract:If you shall make default in or commit a breach of the contract or of any other of your obligations to us or if any distress or execution shall be levied on your property or assets or if you shall make or offer to make any arrangements or composition with your creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against you or (if you are a limited company) any resolution or petition to wind up the company, other than for the purpose of amalgamation or reconstruction, shall be passed or presented or if a receiver of the undertaking property or assets or any part thereof of the company shall be appointed, we shall have the right forthwith to determine the contract. Upon written notice of such determination being posted to your last known address, the contract shall be deemed to have been determined without prejudice to any claim or right we may otherwise make or exercise.
22. Warranty:Our liability in respect of any default in or failure of the goods supplied or for any loss, injury or damage attributable thereto shall be limited to our replacing or repairing (at our option) any parts which are or become faulty by reason only of the use of defective materials or defective workmanship on the part of our manufacturers within a period of 12 calendar months (3 months on second-hand goods) from the date on which the goods have been dispatched to you if:
23. (a) ‑You have notified us in writing of the faults within that period with full particulars thereof and:

(b)     ‑We are given full opportunity to inspect the faulty parts either at our place of business or at your premises: and

(c)      No alterations or repairs have been made without our express written authority.

(d)     The name or serial number plates have not been removed;

2. We shall not be responsible for any faulty glass, enamelling, paintwork, plexi glass, plastic or rubber materials.
3. All implied warranties and conditions as to quality or fitness for any purpose of the goods are hereby expressly excluded.
4. We shall not be responsible for partial or total loss of goods placed or stored in our products or goods.
5. All implied warranties and conditions as to quality or fitness for any damage incurred to the goods as a result of their being misused or operated under conditions for which they were not intended are hereby expressly excluded.
6. Imprints:Where our patents, registered designs or copyright features or those of our suppliers are embodied in the design of the goods, an imprint to that effect may be affixed which must not be defaced, obliterated or removed. Unless otherwise agreed in writing, we shall be entitled to write or affix our name or trade plate on the goods.
7. We must advise that certain bought out finished products may be incorporated in your order which are either outside the scope of registration of Bartlett or have been supplied by unregistered firms. Bartlett will provide details on request.

25. Legal construction:  The contract shall in all respects be construed in accord­ance with the English law.