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TERMS AND CONDITIONS OF SALE FOR CATALOGUE ITEMS
(EXCLUDING MACHINERY)


For the United Kingdom
(Including refund and returns policy)

These terms and conditions of sale are applicable for all orders placed with Creeds (Southern) Ltd whether by telephone, fax, E-mail, post, through our sales team or through our websites. The items covered by these terms and conditions are catalogue items (excluding machinery) and any other specially ordered 'small goods' and/or bespoke made products. By accepting the following conditions the customer is confirming they are over the age of 18 and legally entitled to buy any age related products Creeds sells.

Prices
1.1) All prices quoted are exclusive of VAT, which will be charged at the current rate at the time of despatch.
1.2) All prices quoted over the phone are current at the time of conversation, however all goods will be invoiced at the prices ruling at date of despatch. Any written quotation (letter, e-mail or other written communication form) is valid for a period of 30 days only from its date, provided that Creeds has not previously withdrawn it.
1.3) All our prices printed in the catalogues and advertised on our websites are subject to alteration without notice.
1.4) Any catalogue price, quotation or estimate given by Creeds (Southern) Ltd is an invitation to the customer to place an order and is not an offer to supply goods to the customer.
1.5) Where the customer is to provide materials to be used in connection with the contract they must be in good condition and suitable for the purpose for which they are intended. Any replacement found necessary after inspection and/or testing by Creeds or our contractors (whose decision in this respect will be final) will be charged for in addition to the quoted price.
1.6) If any materials specified are not available Creeds reserves the right, without notice, to substitute other materials which in the opinion of Creeds are suitable.

Orders
2.1) Orders placed by the customer, shall only be deemed to be accepted by Creeds (Southern) limited when Creeds delivers the goods to the customer. It is the customer's responsibility to make sure that the terms of its order and any applicable specification are complete and accurate.
2.2) To assure financial stability, all customers may be subject to credit checks and validation checks. This covers the use of all methods of payment. Creeds may choose to instruct a third party to complete these checks. By ordering from Creeds the customer consents to such checks being made. Creeds may need to contact you by any available means to query some details before processing the customer's order or we may be unable to accept your order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. In any case, all data held will be handled in accordance to the Data Protection Act 1998.
2.3) For practical reasons, Creeds may decide to assign the customer's order, or any claims arising from it, to third parties without requesting the customer's consent.
2.4) If orders are placed before 1pm, goods held in our warehouse and that are available in stock will usually be delivered next working day to mainland UK addresses, except parts of Scottish Highlands and remote areas.
2.5) Creeds cannot be held responsible for any products displayed on websites or catalogues that are no longer in stock or unavailable at time of customer placing their order.
2.6) No responsibility is accepted for any colours, sizes etc specified in our catalogue and all information given is for guidance only. We reserve the right to amend any specification or colours without notice. Photos and descriptions on our internet sites or in our catalogues are not contractual and products delivered might be slightly different than the product shown.
2.7) Orders may be subject to a carriage charge dependent on the amount spent and location in the UK, click here for further information.
2.8) Products not included in Creeds published range and made-to-measure goods are non-returnable with the exception of defective goods when Creeds has been advised within 7 days of delivery. Measurements must always be confirmed by the customer on ordering. Creeds (Southern) Ltd cannot accept the responsibility for wrong measurements nor return made-to-measure goods when the customer has failed to confirm measurements in writing on order.
2.9) Should any goods be unsuitable or faulty the customer must advise Creeds (Southern) Ltd within 7 days of delivery.
2.10) Creeds (Southern) Ltd reserves the right to do a credit check on all prospective customers

Delivery
Goods ordered will be delivered by independent carriers therefore the customer is responsible for the following:
3.1) Goods damaged in transit must be refused or signed for as damaged on the driver's paperwork and reported to Creeds immediately. Failure to do so will make any claims invalid and any refund impossible.
3.2) The customer must ensure that someone is on site to accept and sign for delivery. Any signature taken to accept delivery is binding. The person accepting delivery on behalf of the customer must always check the state and the number of parcels delivered before signing the carrier's documents. Any missing or damaged parcel must be signed for as such on the driver's documentation and immediately reported to Creeds. If any problems occur, this documentation will be used as proof in the investigations.
3.3) Any delivery times quoted whether from our own premises or direct from the manufacturer's premises are given in good faith. Creeds Southern Ltd will not accept any liability is accepted for any loss sustained by our customer through late deliveries.
3.4) The delivery of goods, especially large items (unless otherwise stated) is to the customer's door only. The purchaser must make sure that the product will fit through their doorways and onto premises, any damage caused by aborted delivery is the buyers responsibility and any subsequent charges involved with this will be payable by the buyer.
3.5) Creeds will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by Creeds' negligence).
3.6) Any delay in delivery will not entitle the customer to cancel the order. Creeds will not be liable for failure or delay in delivery of the goods, if it is due to an event beyond the reasonable control of the company.
3.7) Where delivery has to be delayed upon the customer's request or due to the lack of delivery instructions, or due to the customer's delayed payment of his account the Creeds reserves the right to charge storage costs that the customer shall pay. The value of these costs will be: 2% of invoice amount for each completed month which delivery is delayed after initial delivery date.
3.8) If delivery is attempted, and this attempted delivery is aborted due to the customers refusal to accept goods for whatsoever reason, unless Creeds has been given reasonable written notice of the customer's wish to postpone the delivery date, Creeds reserves the right to charge the customers with all costs and expenses generated by the aborted delivery.
3.9) We may decide to make partial deliveries, and the customer will accept Creeds' decision.
3.10) It is the customer's sole responsibility to cover the cost of protecting the goods from damage or destruction after delivery, howsoever caused.
3.11) Creeds accepts no liability arising from or contributed to by the fixing of equipment by the customer or by their contractors or from placing on the goods items of excessive weight, or from misusing the goods.
3.12) Creeds will not accept any liability or claim for the loss of contents arising from malfunction of the equipment supplied.
3.13) Notwithstanding any previously agreed date Creeds shall not be liable for loss or damage arising from delays in delivery resulting from acts of God, Government orders, strikes, war or delay in delivery of manufacturing material, or any circumstances beyond Creeds' control. None of these events shall entitle the customer to cancel the contract, and the delivery date shall be extended accordingly.
3.14) The customer should cover the equipment being delivered for fire and theft even it the goods are on a loan.
3.15) When shipping an order Creeds may share the customers e-mail address and/or mobile telephone number (if known) with the carrier to enable the customer to have and if necessary adjust a delivery timeslot. This data will be shared only with the relevant carrier service.

Payment and Retention of Title
4.1) Payment of goods should be within 28 days of order unless otherwise agreed except in the case of spare parts where payment is on order. In the case of agreed terms of payment, we reserve the right to charge interest, at the rate of the Bank of England interest rates + 5%, on overdue accounts and any further deliveries will be suspended when an account is overdue.
4.2) The title of the goods supplied shall remain with Creeds (Southern) Ltd until payment has been made in full. Risk of the goods shall pass to the customer upon delivery.
4.3) Failure to pay for the goods in full within our standard payment terms will give Creeds (Southern) Ltd the right to take possession of the goods back and to dispose as necessary to recover the value of any outstanding invoices.
4.4)All orders paid with a credit card will incur a handling fee of 2.5%. Purchases made with a debit cards or bank transfers will have no extra charges.

Refund Policy
5.1) Creeds operate a 30 day money back guarantee on all items (excluding Electrical Equipment which instead has a 7 day money back guarantee and excluding all Made to Order and Non Catalogue items especially sourced for a customer, both of which are non-refundable). The customer is entitled to return goods for a full refund for unwanted items, provided that the items are in an unused and perfect condition, and in its original packaging. Before returning goods the customer must ring Creeds on 01296 658849 to request authorisation. Any refund will be made after receipt of the goods at Creeds Warehouse. The customer has the right to cancel the order within 7 days of placing it or within 7 days of receipt of goods (whichever is longer).
5.2) Any carriage charges for the return of goods sold by Creeds will be the charge of the customer, unless goods are faulty or have been delivered to a customer following an error by Creeds, in these cases Creeds will either refund the carriage costs at the standard postal rates or organise collection of the goods via a representative or carrier service. The choice of the returns method will be made by Creeds on an individual case basis.
5.3) Any items returned to Creeds by the customer must arrive in a pristine, unused condition and in the original packaging, if the items do not comply with this standard then Creeds reserves the right to withdraw the offer of a refund.
5.4) In the unlikely event that a customer has a serious issue with any item purchased from Creeds, has notified Creeds of the issue and no resolution has been offered or actioned then under EU law the customer can raise the matter with an independent complaints service. You can get further information on this by following this link. http://bit.ly/1MkFXBc. Creeds is opted into to this procedure.

E. and O.E.
Any error whatsoever in any prices, catalogues, quotation, invoice, other documents or product description Creeds will not be liable in any way for and the error will be corrected as necessary.

Litigation
If legal action is necessary to solve a dispute with a customer, the case will be judged using English law at Oxford tribunal.



TERMS AND CONDITIONS OF SALE FOR MACHINERY

For the United Kingdom


These terms and conditions of sale are applicable for all orders placed with Creeds (Southern) Ltd whether by telephone, fax, E-mail, post, through our sales team or through our websites. The items covered by these terms and conditions are all machinery and/or special ordered/manufactured machinery specific to the customer's needs. By accepting the following conditions the customer is confirming they are over the age of 18 and legally entitled to buy any age related products Creeds sells.

Prices
1.1) All prices quoted are exclusive of VAT, which will be charged at the current rate at the time of despatch.
1.2) All prices quoted over the phone are current at the time of conversation, however all goods will be invoiced at the prices ruling at date of despatch. Any written quotation (letter, e-mail or other written communication form) is valid for a period of 30 days only from its date, provided that Creeds has not previously withdrawn it.
1.3) Any prices printed in the catalogues and advertised material (including our websites) are subject to alteration without notice.
1.4) Any catalogue price, quotation or estimate given by Creeds (Southern) Ltd is an invitation to the customer to place an order and is not an offer to supply goods to the customer.
1.5) Creeds' quotation does not include the following: a) Any electrical wiring, plumbing, building works, making good, or any materials or services not specifically mentioned in the quotation. b) Any casual labour, costs of hiring, lifting or handling equipment or scaffolding required to convey goods supplied to site. c) Cost of lighting, power, heating and water required during erection and installation of the equipment at site. d) Any insurances payable relating to the above. The customer will provide and pay for all above items.
1.6) For all machinery, especially refrigeration related products, the quotation and specification are based on the assumption that the equipment can be installed in such position that there is available for the condensing process at all times, a constant supply either of free air at a temperature not higher than 80°F (27°C) or, in the case of water-cooled equipment, water at a temperature not exceeding 65° F (18°C) at a sufficient pressure, and that the ambient temperature at the site does not exceed 80°F (27°C). If these conditions do not exist and that fact is not disclosed to Creeds, then Creeds accepts no liability (financial or otherwise) for any issue arising from the temperature conditions. The customer will still pay for the machine in full and Creeds reserves the right to cancel the warranty.
1.7) Where the customer is to provide materials to be used in connection with the contract they must be in good condition and suitable for the purpose for which they are intended. Any replacement found necessary after inspection and/or testing by Creeds or our contractors (whose decision in this respect will be final) will be charged for in addition to the quoted price.
1.8) If any materials specified are not available Creeds reserves the right, without notice, to substitute other materials which in the opinion of Creeds are suitable.

Orders
2.1) Orders placed by the customer, shall only be deemed to be accepted by Creeds (Southern) limited when Creeds delivers the goods to the customer. It is the customer's responsibility to make sure that the terms of its order and any applicable specification are complete and accurate.
2.2) To assure financial stability, all customers (prospective or otherwise) may be subject to credit checks and validation checks. This covers the use of all methods of payment. Creeds may choose to instruct a third party to complete these checks. By ordering from Creeds the customer consents to such checks being made. Creeds may need to contact you by any available means to query some details before processing the customer's order or we may be unable to accept your order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. In any case, all data held will be handled in accordance to the Data Protection Act 1998.
2.3) For practical reasons, Creeds may decide to assign the customer's order, or any claims arising from it, to third parties without requesting the customer's consent.
2.4) Creeds cannot be held responsible for any machinery displayed on websites or catalogues that are no longer in production or unavailable at time of customer placing their order.
2.5) No responsibility is accepted for any information specified in our catalogue and all information given is for guidance only. We reserve the right to amend any specification without notice. Photos and descriptions on our internet sites or in our catalogues are not contractual and machinery delivered might be slightly different than the product shown.
2.6) Orders placed with our salesmen, agents or other representatives shall not be deemed binding on Creeds.
2.7) Should any credit of any kind (leasing, direct finance, bank loan, government grant etc) be required the customer shall be entirely responsible for said arrangements even if the lending institution is referred to on quotes or order documentation. Financing approval between the customer and his financer must be confirmed in writing before the order is finalised and delivery made.

Delivery Goods ordered will be delivered by independent carriers therefore the customer is responsible for the following:
3.1) Creeds will give the customer an estimate of the date of the dispatch when the order is confirmed, any delivery times quoted whether from our own premises or direct from the manufacturer's premises are given in good faith. When applicable Creeds approved carriers will advise the customer of the approximate delivery date 1 or 2 days beforehand. The customer agrees to organise for staff to be present to take reception of the equipment on the date of delivery. Failed delivery due to absence of reception staff or lack of space and time is the customer's responsibility and the customer agrees to pay the extra costs incurred. Please note that it is not possible for Creeds or our Transporters to give a specific time for the delivery as road transport is subject to traffic conditions outside of our/their control. No liability, financial or otherwise, (including loss of contracts, hiring of additional staff etc) is accepted by Creeds if the delivery is delayed for any reason.
3.2) Any delay in delivery will not entitle the customer to cancel the order. Creeds will not be liable for failure or delay in delivery of the goods.
3.3) Where delivery has to be delayed upon the customer's request or due to the lack of delivery instructions, or due to the customer's delayed payment of his account Creeds reserves the right to charge storage costs that the customer shall pay. The value of these costs will be: 5% of invoice amount for each completed month which delivery is delayed after initial delivery date.
3.4) If delivery is attempted, and this attempted delivery is aborted due to the customers refusal to accept goods for whatsoever reason, unless Creeds has been given reasonable written notice of the customer's wish to postpone the delivery date, Creeds reserves the right to charge the customers the full value of the goods or the customer pays agreed compensation for the cancellation equal to 30% of the price including tax plus all costs and expenses generated by the aborted delivery,
3.5) Unless opted out of on the order proposal, the machine will be delivered to the customer's premises at the address as on that document, moved to a requested location inside the premises, unwrapped and all packaging taken away (this positioning/installation of the equipment is included in Creeds price provided access is clear, wide enough and with no obstacles. If the customer or representative has marked the box on the order proposal they have chosen to opt out of this service method and replace it with kerbside delivery only. By opting out the customer agrees to the change of delivery type in order to gain an additional discounted rate on the equipment, this decision cannot be reversed once agreed upon.) It is the customer's duty to inform Creeds and or the carriers of any access restrictions: e.g. narrow street, parking restrictions, steps, stairs, small doorways etc..., Any additional costs relating from aborted deliveries due to access restrictions that have not been previously advised will be borne by the customer. Similarly any costs for work required to allow the machinery access (such as removal of windows, widening of doors, and additional labour to move a unit upstairs, demolition of walls etc) will also be borne by the customer. It is the customer's responsibility to check that the customer's electrical supply is suitable for the equipment purchased from Creeds. Damage occurring from a wrong or faulty electricity supply invalidates the warranty.
3.6) The staff of the customer or the customer must verify at the point of delivery that the equipment is in a good condition before signing the driver's paperwork, this documentation will be used as proof in any investigations. The customer recognises that the responsibility for the equipment is transferred from the transport company to the customer when the customer or the customer's representative signs the driver's paperwork.
3.7) In the unlikely case the equipment has been damaged during transport, the customer must refuse the delivery (or sign the paperwork as delivery damaged), this documentation will be used as proof in the investigations, and advise Creeds immediately. Strict respect of this simple procedure will allow Creeds to supply an engineer and replacement parts for repair or if in the unlikely case the machine cannot be repaired deliver to the customer as quickly as possible a replacement machine. Failure to respect the procedure would result in the customer having to pay for the equipment regardless of the extent of the damages.
3.8) The customer shall be personally responsible for obtaining permission from the owner of the building and/or of the business if this is required for installation of the equipment. Should permission be refused, this shall not vitiate the constitution or performance of the contract.
3.9) It is the customer's sole responsibility to cover the cost of protecting the goods from damage or destruction after delivery, howsoever caused. The customer should also cover the equipment being delivered for fire and theft even it the goods are on a loan.
3.10) Creeds accepts no liability arising from or contributed to by the fixing of equipment by the customer or by their contractors or from placing on the goods items of excessive weight, or from misusing the goods.
3.11) Creeds will not accept any liability or claim for the loss of contents arising from malfunction of the equipment supplied.
3.14) When shipping an order Creeds may share the customers contact information (if known) with the carrier to enable the customer to have and if necessary adjust a delivery timeslot. This data will be shared only with the relevant carrier service.

Equipment, service and warranty:
4.1) If required Creeds' after sale service can organize 1 hour of training to the operator (s) of the equipment provided. The training focuses on how to safely operate the equipment. A certificate of training can be provided on request and will be signed by the trainee to confirm s/he has been trained to use the equipment. If subsequent visits are required for personnel instruction Creeds reserves the right to charge for this service on a time plus expenses basis.
4.2) Creeds accepts no liability if the customer chooses to use the machine without training. Any costs to repair damage caused by misuse due to lack of training will be borne by the customer. Similarly Creeds accepts no liability for any injury etc that may be sustained by the customer or their staff if they choose to use the machine without training.
4.3) The warranty will be valid for the period agreed (as stated on the order proposal), based on usage of the machine under normal conditions of use, maintenance and storage. Any modifications by the customer to the machine (i.e. modification to the safety guards, electrics etc) will void the warranty with immediate effect.
4.4) Parts warranty: Creeds' commitment during the warranty period is to supply parts at Creeds' costs when the problem is due to a manufacturing error or a faulty part. The customer agrees that in the case of damage to the machine caused by mishandling of the machine or by using it for a purpose other than what the machine is intended to do, the full cost of the repair will be borne by the customer. Parts subject to normal wear and tear (e.g. blades, belts, bearings etc...) are not covered by the guarantee and can't be replaced free of charge.
4.5) All replacement parts will initially be invoiced to the customer. During the warranty period faulty parts must be returned to Creeds after replacement for analysis in order to validate the warranty claim. When faulty parts have been examined and the warranty claim approved by the manufacturers, a credit note matching the initial invoice for the replacement parts will be issued. In the case the warranty claim isn't upheld, the customer accepts to pay for the replacement part and for the cost of the engineer's visits involved in repairing the machine.
4.6) Labour warranty: During the warranty period, in the unlikely event an incident should occur, Creeds will endeavour to send one engineer as quickly as possible and in any case within a maximum of 48 hours of Creeds being advised by the customer (Monday-Friday 9am-5pm). Costs for warranty related visits outside of Creeds working hours (Monday â€" Friday 9am-5pm) will be borne by the customer. The customer will cease using the machine until this visit so as not to cause any further problems, if the problem encountered by the machine is not covered by the warranty, the cost of the engineer's visit will be invoiced to the customer. Machines must be clear and easy access for the engineer to work, if this is not the case then any costs involved in order to allow this access for work will be borne by the customer.
4.7) The customer agrees that Creeds (Southern) Ltd shall not be liable for any losses or damage suffered by the customer including but not limited to: loss of business, business interruption or loss of time, due to the purchase or use of the goods by the customer. Nothing in this agreement shall exclude Creeds' statutory liability for injury or death.
4.8) As concerns after sales services on expiry of the warranty, Creeds undertakes to provide adequate means to supply parts etc to service machines sold by Creeds. This does not however entitle the customer to any guarantees and Creeds cannot be held responsible for parts and services availability after the warranty period expires.
4.9) Warranties are only valid based upon the machinery being used for a single 8 hour shift per day, for a week consisting of 5 working days.

Payment and Retention of Title
5.1) Payment of goods should be within the agreed terms (as stated on the order acknowledgement). In the case of agreed terms of payment, we reserve the right to charge interest on overdue payments and any further deliveries of goods from Creeds will be suspended when the payments are overdue.
5.2) The title of the goods supplied shall remain with Creeds (Southern) Ltd until payment has been made in full. Risk of the goods shall pass to the customer upon delivery.
5.3) Failure to pay for the goods in full within the agreed terms will give Creeds (Southern) Ltd the right to take possession of the goods back and to dispose as necessary to recover the value of any outstanding invoices.
5.4)All orders paid with a credit card will incur a handling fee of 2.5%. Purchases made with a debit cards or bank transfers will have no extra charges.

Returns/Refund Policy
6.1) Acceptance for returns of machinery items are at Creeds discretion only.
6.2) In the case of goods damaged in the shipping procedure the customer must refuse the goods on delivery or sign the carriers paperwork writing clearly on the paperwork that the goods are damaged on arrival at his/her premises. Failure to do so will make any claims invalid and any refunds impossible.
6.3) Any carriage charges for the return of goods sold by Creeds will be charged to the customer, unless goods are faulty or have been delivered to a customer following an error by Creeds, in these cases Creeds will organise collection of the goods via an approved carrier service. The choice of the return method will be made by Creeds on an individual case basis.
6.4) Any items returned to Creeds by the customer must be in a pristine, unused condition and in the original packaging, if the items do not comply with this standard then Creeds reserves the right to charge the customer for any work required to return the machine into a pristine condition.
6.5) In the unlikely event that a customer has a serious issue with any item purchased from Creeds, has notified Creeds of the issue and no resolution has been offered or actioned then under EU law the customer can raise the matter with an independent complaints service. You can get further information on this by following this link. http://bit.ly/1MkFXBc. Creeds is opted into to this procedure.

E. and O.E.
Any error whatsoever in any prices, catalogues, quotation, invoice, other documents or product description Creeds will not be liable in any way for and the error will be corrected as necessary.

Litigation
If legal action is necessary to solve a dispute with a customer, the case will be judged using English law at Oxford tribunal.