TERMS & CONDITIONS OF SALE ('this agreement')
Cool Expert is a wholesale supplier of commercial refrigeration and catering equipment.
In this Agreement, the
"Customer" means any person/company who places an Order with Cool Expert (all sales are considered a business to business contract);
"Goods" represents any items sold or supplied by Cool Expert under an Order;
means Cool Expert Limited, a company incorporated with the Companies House in Scotland with registration number SC568775,VAT registration number : 272159891 and a registered address at 64a Cumberland Street, Edinburgh, EH3 6RE, United Kingdom
represents any request or order (online, by mail or phone) to purchase the Goods, and;
refers to the Customer and Cool Expert
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement.
1.2 Any Order is subject to acceptance by Cool Expert, which is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Cool Expert does not in itself constitute acceptance of the Order by Cool Expert
1.3 Cool Expert may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Cool Expert website.
2. Goods being Sold
2.1 All goods shown on the website are exact representations of the good to be delivered.
2.2 Descriptions and specifications for the Goods are set out on the Cool Expert website at the time of the Order.
2.3 Goods are sold subject to stock availability and Cool Expert may substitute with Goods of comparable or better quality with the Customer’s approval.
2.4 If orders are cancelled whilst in transit they will incur our standard restocking charges of 30% and aborted delivery charge, excluding the special-order items (VOR) that are non-stock ordered in for the customer which will incur a 100% charge of the listed price, and the aborted delivery charge.
2.5 Whilst every effort will be made
to supply Goods in accordance with samples and/or agreed specifications we
reserve the right to modify specifications, designs and materials where such
modifications do not materially affect the quality or fitness for purpose of
the Goods or to comply with any applicable standards or legal requirements.
3. Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on Cool Expert website at the time of the Order and in full. Cool Expert will accept Visa, Mastercard, Delta/Connect, Switch or Amex, and PayPal payments or cheques made payable to Cool Expert. Goods will only be dispatched when the payment has reached our account.
3.2 All prices are quoted in British Pound Sterling and 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.
3.3 All Orders may be subject to further credit or security checks.
3.4 Cool Expert Best Price Guarantee applies to any lower published price for a like-for-like product offered on the same terms in the UK. The equipment means Goods should be the same brand, specification and age. The goods must be offered with the same conditions as Cool Expert and the competitor must have stock availability at the time of ordering. The price will not be matched where there are ‘hidden extras’ such as delivery charges or stock clearance. The price must be published in writing for Cool Expert best price guarantee to be applied. We reserve the right to withdraw our price match guarantee at any time.
4.1 Delivery of the Goods shall be made to the address given by the Customer in the Order accepted by Cool Expert. Cool Expert will be responsible for arranging delivery of the Goods to the Delivery Address by single driver transport to the outside of the delivery address only, and the location must be accessible by Heavy Goods Vehicle, usually an 18-ton lorry. The Goods shall be deemed to have been delivered on their arrival at the delivery Address. Any requirements over and above this must be notified in writing at the time of the order and additional charges may be applicable. Any change to the delivery address may result in a delay in delivery and an administration charge.
4.2 The delivery date may vary depending on the availability of our products, however this will be communicated on the website at the time of the order, and will be confirmed in writing after accepting the order.
4.3 The Customer shall be responsible for ensuring that there are adequate personnel and equipment at the Delivery Address for unloading the Goods at the time of delivery. Delivery does not include unpacking, positioning, assembling or assembling the items. It is your responsibility to ensure that someone is available to accept delivery of the goods at the agreed delivery period. In the absence of anyone to sign and stamp for the delivery, the Good’s will be delivered to the outside of the delivery address, and the goods will be considered delivered in good condition. From that point, responsibility over of the goods will be passed to the Customer and no further claims will be accepted.
4.4 Any costs incurred by Cool Expert such as re-stocking or re-delivery charges due to inadequate site access at the Delivery Address or from the Customer not being able to unload the goods at the Delivery Address shall be charged to the Customer.
4.5 If you refuse or fail to take delivery of goods tendered in accordance with the contract the Cool Expert will be entitled to immediate payment in full for the goods so tendered. Cool Expert will be entitled to store at your risk any goods of which you refuse or fail to take delivery and you will in addition to the purchase price pay all costs of such storage and any additional costs incurred because of such refusal or failure.
4.6 Subject to Cool Expert’s accepting your order, only the goods as specified on the order will be delivered and it is your responsibility to check the accuracy of details on the order form before you sign the agreement. Cool Expert accepts no responsibility for any errors, omissions of other defects in any data sheets, specifications or of physical properties not prepared or provided by Cool Expert and you agree to indemnify Cool Expert against any and all claims liabilities, damages costs and expenses incurred by it arising therefrom.
4.7 Deliveries are normally made between the hours of 8am - 6pm Monday – Friday but the times may vary depending on your location. Cool Expert will ensure a good communication with the Consumer to make sure that the delivery will take place at the delivery destination in a time frame previously agreed by both parties. Whilst Cool Expert will always do our best to ensure that deliveries take place within a reasonable period and within the time scale specified, a delay may sometimes occur which is entirely beyond our control. The customer is not entitled to cancel the order because of a delay in delivery unless the delay has been protracted and unreasonable. However, Cool Expert Limited is not liable for any delays.
4.8 Please DO NOT book any fitters or installers of the equipment ordered until after the goods have been delivered and inspected by yourself. We will not take any responsibility for any costs incurred as a result of arranging this in advance of delivery.
4.9 Cool Expert Limited is not liable for any lost profits or business interruption that may have directly, indirectly or incidentally arisen from a delivery delay of the order. It is the customers responsibility to plan and prepare for such instances.
4.10 On delivery, the Customer must sign the delivery documentation after unpacking and checking the good condition of the Goods. By signing the delivery note, the Customer is agreeing that the Goods have been received in good condition. If the Customer doesn’t check the item and just signs the delivery note, he is acknowledging the item has been received in good condition. Cool Expert shall not be liable for any cosmetic damage, scratches, dents to casings, broken glass or similar which is not reported or noted clearly on the delivery note. Cool Expert cannot be held responsible for any damage found later and this is an express condition of the sale of the Goods.
4.11 The Customer is not entitled to sign for the item “unchecked” as the couriers used for the Delivery do not acknowledge this, regardless of what the driver may say. The Good arrived damaged must be reported immediately and must be made in writing within 24 hours from the time of delivery, plus all the supported documentation, including photographs. Claims made outside this time limit will not be valid. In the event that the Order or part of the Order is missing or is incorrect will not entitle Customer to refuse the delivery. Cool Expert will make sure that the Customer will receive the best service, and will arrange for the correct or missing products to be delivered at Cool Expert’s expense.
4.12 It is the Customer’s responsibility to ensure that the goods will fit the delivery premises and to check the dimensions of the delivery address for access, including all doors, corridors, stairs and corners. Cool Expert will not accept any responsibility for any loss or damage due to inaccessibility or failure of the Delivery.
4.13 The Customer must not use, fit or install any damaged or incorrectly supplied Goods whether notified to us or not. If you do, you will be deemed to have accepted the Goods and Cool Expert will accept no further responsibility in relation to such Goods and will give no warranty in respect of any damaged or incorrectly supplied Goods which are used or installed by the Customer’s. Responsibility over the Goods passes to the Customer on delivery and it is the Customer’s’ responsibility to insure the goods from then on.
4.14 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.
4.15 Goods delivered are used, stored and installed at the Customer’s own risk and Cool Expert will not be liable for any damage, loss or disruption caused by the same.
4.16 Installation of products is not included in the price or implied, however if needed we can arrange for installation at extra cost supported by the Customer.
5.1 Goods are guaranteed against defects in accordance with the terms of the manufacturer’s warranty or for 1 year from delivery unless otherwise stated provided that the goods have been installed, serviced and maintained in accordance with the manufacturer’s specification and used in accordance with the manufacturer’s instructions.
5.2 Goods reported faulty within the specified warranty period may be repaired, or replaced by Cool Expert at their discretion. The above warranty does not cover the carriage costs of replacement Goods or parts in relation therefore nor the costs involved in carrying out repairs or replacement of parts.
5.3 Cool Expert will guarantee 10 years after-sales service, by making sure that the Customer’s will be supplied with parts for the Goods bought from Cool Expert at manufacturer’s price. The above warranty does not cover the carriage costs of replacement Goods or parts in relation therefore nor the costs involved in carrying out repairs or replacement of parts.
5.4 The manufacturer’s warranty does not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions. Non-warranty issues can include machine failure do to any of the following: misuse, neglect, incorrect operation, incorrect installation, not maintaining the machine (eg. not cleaning or water scaling at regular intervals). In the event of a Glasswasher, Dishwasher or Ice Making machine being found sited in a hard water area without an adequate water filter/softener then warranty will be invalid and any engineer charges will be wholly chargeable.
5.6 Gaskets, refrigerants, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plug 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 Cool Expert’s within 24 hours to qualify for replacement, repair or refund at Cool Expert’s discretion. Consumables will not fall under manufacturer’s warranty; therefore, the Consumer will not be entitled to any replacement or refund. In accordance with the EU regulation, all the electronic and digital parts (touch screens, motors, thermostats) are not covered by the manufacturer’s warranty, therefore Cool Expert is under no obligation to refund, replace or repair the Goods.
5.7 The Customer shall not remove any sticker or labels from the goods indicting any identification numbers, dates, names or logos of the equipment that will help Cool Expert identify the make, model of the machinery. By doing so, the Customer will no longer be entitled to manufacturer’s Warranty.
5.8 All gas and electrical appliances must be installed by a fully qualified and licensed commercial catering engineer. The warranty commences from day of delivery and only becomes available upon receipt of your warranty return card stating the name of qualified install engineer, their contact details and appropriate accreditation/license ID codes.
5.9 The warranty of Goods can be invalidated at Cool Expert discretion if suspected to have been altered, tampered with, serviced, repaired or attended by unauthorised engineers.
6. Returns and refunds
6.1 Subject to the conditions in this section, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 14 days provided they are returned unused, in a saleable condition and in their original packaging. A specific address for returning goods will be advised with return instructions and address after written cancellation of the contract.
6.2 For the products that are manufactured to order, once the product has entered the manufacturing stages, the Customer is not entitled to cancel or change the order.
6.3 To cancel a contract under clause Cool Expert must be informed by the Consume in writing. Following such a cancellation The Customer’s shall be responsible for returning the Products to us and for the costs involved with such return. In relation to such Goods, the Customer’s is obliged to take reasonable care of them.
6.4 Goods that have been opened, marked/soiled, damaged or used will only be entitled to a partial refund after assessed by Cool Expert. Goods deemed non-saleable will not be refunded and will only be returned at the Customer’s cost. Large or bulky Goods might also be subject to restocking fees. Special order items (VOR) that are non-stock ordered in for the customer are NON-RETURNABLE. The carriage cost of returns will have to be supported by the Customer.
6.5 Customers are responsible for the delivery costs of returning the goods. The Customer will be refunded in full (except for delivery charges) once the goods have been received and confirmed "as new". The Customer will be liable for all administrative costs associated with the return of the goods, and this may well constitute a restocking fee of 30%.
6.6 The restocking charge for items is 30% of the invoiced amount. We regrettably cannot accept goods for return after 14 days from the day of receipt of goods, or on goods which have been opened and cannot be sold again "as new."
6.7 Return amounts (minus 30% restocking charge and delivery charges) will only be credited once the returned goods have been inspected. We reserve the right to deduct any further costs for repairing damaged or replacing missing components supplied with the original order.
7. Termination of the Contract
7.1 Cool Expert is entitled, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
7.2 Cool Expert is entitled to suspend or terminate the Agreement where delivery or supply of the Goods affected by reasons out of Cool Expert control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.]
7.3 As per chapter 6.2 the cancelation of the Contract will no longer be possible once the equipment has entered the manufacturing process.
8. Limitation of Liability
8.1 Cool Expert is a reseller of goods manufactured by third parties. This Condition limits the scope of Cool Expert’s liability to the Customer in relation to the quality, nature and/or condition of the Goods
8.2 Cool Expert’s sole responsibility is to give the Customer the same warranty as given to it in respect of the relevant Goods by the manufacturer which supplies those Goods to Cool Expert. Any other warranties offered are subject to Cool Expert’s discretion.
8.4 Cool Expert will not be liable to the Customer for missing parts/goods delivered unless the Customer notifies Cool Expert of any such claim for short delivery within 24 hours after receipt of the Goods; and under the same 24 hours’ notice for non-delivery.
8.5 Cool Expert shall be under no liability to the Customer for any loss, damage or injury, direct or indirect, resulting from the Good defects in design, materials or workmanship or otherwise, however arising by Cool Expert’s staff and employees other than liability for death or personal injury resulting from the Cool Expert’s negligence.
8.6 The Customer agrees that Cool Expert will not be liable for any losses or damage suffered by the Customer including but not limited to damage neighbouring or connected items or premises, consequential loss, stock batches, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. Cool Expert 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.
9. Intellectual Property Rights and Confidentiality
9.1 Goods sold or supplied by Cool Expert may be subject to copyright (whether owned by Cool Expert or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Cool Expert harmless for any breach of said covenant.
9.3 Cool Expert website and other social channels are owned, controlled or licensed by Cool Expert and any full or partial reproduction of the contents in any form is prohibited, except with our written consent.
9.4 Cool Expert and their affiliated logos are subject to trademark and the use of them is strictly prohibited without our written constant.
10. Governing Law
10.1 This Agreement is subject to the law of Scotland, England and Wales and under the exclusive jurisdiction of courts of Scotland, England and Wales.
10.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect fully permissible by law.