Terms & Conditions

1. Validity

A. This Agreement is the only form of contract between the Parties and any Distributor terms and conditions will not apply unless expressly agreed in writing. The Distributor agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties.

B. Any Order is subject to acceptance by Start Up Catering Equipment Ltd. Start Up Catering Equipment Ltd is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Start Up Catering Equipment Ltd does not in itself constitute acceptance by Start Up Catering Equipment Ltd of the Order.

C. Start Up Catering Equipment Ltd may update this Agreement from time to time on the Start Up Catering Equipment Ltd website or by writing directly to the Distributor/End User.

D. Start Up Catering Equipment Ltd warrants that all goods sold to the end user shall comply with the implied terms regarding satisfactory quality as outlined in the Sale of Goods Act 1979.” 

2.     Goods being Sold

A. Descriptions and specifications for the Goods are set out on the Start Up Catering Equipment Ltd website at the time of the Order.

B.  Goods ordered are sold subject to stock availability and Start Up Catering Equipment Ltd may substitute the Goods with newer items or items of comparable or better quality, with the Distributor’s approval.

C. If any Goods are unavailable or out of stock then Start Up Catering Equipment Ltd may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, Start Up Catering Equipment Ltd may vary the Order with the Distributor’s approval.

1. Terms of payment & payment Methods

A. The Goods shall be payable at the prices listed on the Start Up Catering Equipment Ltd website at the time the Order is placed. Start Up Catering Equipment Ltd reserves the right to update prices on the Start Up Catering Equipment Ltd website. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.

B. Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.

C. Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Start Up Catering Equipment Ltd shall be under no obligation to honour the incorrect price or Order.

D. Payment for Goods and Delivery may be made by debit/credit card (some cards may be subject to an administration fee), electronic bank transfer (e.g. FastPay, BACS, CHAPS etc) or via the website. Start Up Catering Equipment Ltd reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled. Any payments returned unpaid by a bank will be subject to an administration fee of £25.00.

E.  Payment terms are strictly 30 days from the date of invoice for those distributors with an approved credit account.

F. All Orders may be subject to further credit or security checks or further security for payment such as the provision of a suitable letter of credit, bank or director guarantee.

G. Distributor trade credit accounts are provided solely at Start Up Catering Equipment Ltd discretion and are subject to regular credit and security checks for approval. This may also include sharing Distributor payment information with third party agencies for fraud protection and regulated credit scoring purposes. Start Up Catering Equipment Ltd reserves the right to suspend or withdraw credit account facilities at any time. Start Up Catering Equipment Ltd reserves the right to withdraw credit account facilities with 30 days’ notice and require the Distributor to settle any outstanding balances immediately. The distributor will have to complete an account application form either online or in writing and send it for approval to Start Up Catering Equipment Ltd.

H. Start Up Catering Equipment Ltd reserves the right to decline a 30-day credit account and ask for payment upfront via a proforma invoice.

I.  Start Up Catering Equipment Ltd reserves the right to put on stop any distributor credit account where goods invoices have not been paid on time. Goods ordered will not be delivered until payments have been made to clear money owed.

J.  Start Up Catering Equipment Ltd reserves the right to set distributor credit account limits at their discretion, subject to credit check results.

4       Delivery Details

A. Prices and options are listed on the Start Up Catering Equipment Ltd website and are subject to change from time to time. This applies to both trade accounts and end user sales.

B. Standard Delivery within the UK mainland subject to an Order (with the relevant delivery charge) being accepted is 3-5 working days subject to the products being available. A delivery date will be notified to the distributor and end user on acceptance of the order.

C. Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location. Additional charges may apply.

D. Start Up Catering Equipment Ltd will use reasonable endeavours to meet delivery estimates in all cases however Start Up Catering Equipment Ltd cannot be held liable for any delay in delivery.

E. Risk in the Goods transfers to the Distributor or the end user at the time of delivery (without prejudice to the obligations of the Distributor in Clause 5.3 below).

F. Goods delivered are used, stored and installed at the Distributor’s own risk and Start Up Catering Equipment Ltd will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Distributor, further charges, terms and conditions may apply as communicated by Start Up Catering Equipment Ltd to the Distributor before delivery.

G. All large machinery, refrigeration and flat packed Goods are delivered to the threshold entrance of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Distributor, at Distributor’s sole risk. The delivery site must be accessible by an 18-tonne delivery vehicle. Smaller delivery vehicles can be arranged at additional cost and would need to be arranged prior to placing an Order to avoid failed delivery charges.

H.  Where delivery is delayed, cancelled or not accepted by the Distributor (including due to lack of delivery instructions), Start Up Catering Equipment Ltd reserves the right to charge for cancelled deliveries, re-deliveries or for storage of the Goods.

I.  Title and property in the Goods will only pass to the Distributor/End User upon payment in full for the Goods in question, together with all or any other sums owing or due to Start Up Catering Equipment Ltd, whether under this Agreement or otherwise.

J. New equipment: Wherever possible, ‘new’ appliances will be delivered direct from the equipment supplier, all items must be checked and signed for on delivery by a responsible person. Very occasionally an item may be damaged during transit, it is essential to check for damages prior to signing the delivery note. Please note any damages must be reported within 24 hours of the delivery by telephone and followed up in writing by email within 48 hours stating the damage/defects of the item received from the carrier, we will not accept any claims made after this time. (This does not affect your statutory rights.) Standard UK delivery excludes Northern Ireland, Highlands, Isle of Man and Isle of Wight. Customers are responsible for ensuring that products ordered will fit through doorways and into their premises. Start Up Catering Equipment Ltd cannot accept responsibility if it will not fit. Any carriage charges caused by an aborted delivery are the customers responsibility. Delivery does not include unpacking or positioning or assembling items. Delivery to End Users will be kerbside, 1-man deliveries only.

5     Warranties and Returns

Goods come with a 12-month parts only warranty.

A: The warranty is based on 12 months back to base warranty. The distributor/end user must send the goods in reasonable packaging and in good condition back to Start Up Catering Equipment Ltd. The distributor/end user is responsible for all delivery costs. On receipt of the products Start Up Catering Equipment Ltd will inspect and endeavour to repair the goods and return them to the distributor. Start Up Catering Equipment Ltd will cover the costs of returning the goods to the distributor/end user. Start Up Catering Equipment Ltd reserves the right to send a replacement for the products if required after inspection.

B:  The distributor can send their own engineer to inspect the goods (at their own cost) and then ask for the appropriate part to be sent to the distributor’s premises. A full-service engineers report will need to be sent to Start Up Catering Equipment Ltd with the spare parts request. After approval by Start Up Catering Equipment Ltd the parts will be sent to the distributors free of charge. Start Up Catering Equipment Ltd reserve the right to reject the request if the service engineers report does not explain the reasons for the fault clearly.

C. Goods that are missing from delivery or damaged due to delivery must be reported to Start Up Catering Equipment Ltd within 24 hours. Large Goods such as refrigerators must be inspected by the Distributor on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. End users have 14 days period to return the goods undamaged.

D. The warranties in this Clause 5 do not apply to Goods that have not been paid for in full and/or any defect in the Goods caused by the fault, negligence or failure of the Distributor to use the Goods for their normal intended purpose or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to Start Up Catering Equipment Ltd  within 24 hours to qualify for replacement, repair or refund at Start Up Catering Equipment Ltd discretion. Certain Goods may be disposed of in accordance with Start Up Catering Equipment Ltd safety instructions for replacement, exchange or refund with Start Up Catering Equipment Ltd prior approval. No Goods will be sold on a ‘sale or return’ basis without prior written approval by Start Up Catering Equipment Ltd. Start Up Catering Equipment Ltd may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without Start Up Catering Equipment Ltd prior approval.

E.  Warranty does not cover any misuse by the end user or incorrect installation.

F. Old electrical & electronic equipment may be disposed of by prior arrangement in compliance with WEEE regulations. Full details of Start Up Catering Equipment Ltd’ WEEE compliance policy are available on the Start Up Catering Equipment Ltd website.

6    Termination

A. Start Up Catering Equipment Ltd reserves the right, by notice to the Distributor/end user, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.

B.  Start Up Catering Equipment Ltd reserves the right to terminate this Agreement if the Distributor undergoes a change of control (as defined by the Income and Corporation Taxes Act 1988) or cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertakings of the Distributor.

C. Start Up Catering Equipment Ltd reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Start Up Catering Equipment Ltd reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.

D. Start Up Catering Equipment Ltd reserves the right to cancel any Order where it is reasonably suspected that the Distributor/End user or their representative is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).

1. Limitation of Liability

A.  The Distributor agrees that Start Up Catering Equipment Ltd will not be liable for any losses or damage suffered by the Distributor or the Distributor’s customers including but not limited to damage 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 Distributor or the Distributor’s customer. Start Up Catering Equipment Ltd will not be liable for any additional damage caused by the Distributor or Distributor’s 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 Start Up Catering Equipment Ltd statutory liability for injury or death.

B. Goods sold are not insured for delivery unless otherwise confirmed by Start Up Catering Equipment Ltd.

C. The Distributor warrants that by signing this Agreement, he/she has authority to place the Order. Start Up Catering Equipment Ltd reserves the right to require the Distributor to provide a director’s personal guarantee (or similar, in the case of unincorporated businesses) which shall be completed before Goods can be delivered.

D. Start Up Catering Equipment Ltd will not cover any food loss under its warranty policy.

8       Intellectual Property Rights and Confidentiality

A. Goods sold or supplied by Start Up Catering Equipment Ltd may be subject to copyright or license (whether owned by Start Up Catering Equipment Ltd or a third party) and the Distributor covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Distributor agrees to indemnify, and hold Start Up Catering Equipment Ltd harmless for any breach of said covenant.

B. The Distributor’s data protection and privacy rights under this Agreement are set out in Start Up Catering Equipment Ltd privacy policy (available on the Start Up Catering Equipment Ltd website).

1.   General

A. No delay or failure on the part of Start Up Catering Equipment Ltd in enforcing any provision of this Agreement shall be deemed to operate as a waiver of any rights held by Start Up Catering Equipment Ltd under this Agreement nor shall any single or partial exercise of any rights or remedies by Start Up Catering Equipment Ltd preclude any other or further exercise of a right or remedy.

B.  Any right, obligation or provision contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable by a court of law then the remainder shall fully continue in force and effect permissible by law.

C.  Unless expressly agreed in writing, nothing in this Agreement shall confer any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 (as amended).

D. Start Up Catering Equipment Ltd reserves the right to sub-contract or assign all or part of the performance and obligations of this Agreement. Start Up Catering Equipment Ltd will use reasonable endeavours to notify the Distributor where such sub-contract or assignation takes place.

E.  This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.