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 1. Home
 2. Terms And Conditions | Conditions of Sale | Nisbets
    





NISBETS LIMITED STANDARD TERMS & CONDITIONS OF SALE ('THIS AGREEMENT')

SFT&C 15SBC 01 February 2021

In this Agreement,
the “Customer” means any person who places an Order with Nisbets (either as a
private consumer or as or on behalf of a business);

the "Goods"
means any items sold or supplied by Nisbets under an Order;

"Nisbets"
means Nisbets Limited, a company incorporated in England with company number
01693112 and a registered address at Fourth Way, Avonmouth, Bristol, BS11 8TB,
United Kingdom;

"Order"
means any request or order (via phone, web order (excluding Ebay or Amazon) or
mail order) to purchase the Goods, and;

the "Parties"
refers to the Customer and Nisbets


1. VALIDITY

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 in priority over any other agreement between the Parties except
previously agreed Nisbets Credit Account terms and conditions which, where
conflict arises, take precedence over this Agreement.

1.2 Any Order is subject to acceptance by Nisbets. Nisbets is not obliged to
accept any Order or to justify refusal of the same. Receipt of payment for Goods
by Nisbets does not in itself constitute acceptance by Nisbets of the Order.

1.3 Nisbets may vary the terms and conditions of this Agreement from time to
time by publishing new terms and conditions on the Nisbets website or catalogue.


2. GOODS BEING SOLD

2.1 Descriptions and specifications for the Goods are set out on the Nisbets
website at the time of the Order or the Nisbets catalogue from which the Order
is placed provided the catalogue is current at the time of the Order.

2.2 Goods ordered in a specific colour, pattern or design are sold subject to
stock availability and Nisbets may substitute the Goods with newer items or
items of comparable or better quality, alternative colour, pattern or design
with the Customer’s approval.

2.3 If any Goods are unavailable or out of stock then Nisbets may cancel the
Order in whole or in part and refund any monies paid or issue a credit note.
Alternatively, Nisbets may vary the Order with the Customer’s approval.

2.4 Customers placing Orders for age-restricted goods such as solvents and
knives confirm that they are over 18 years of age and that delivery will be
accepted by a person over 18 years of age.


3. TERMS OF PAYMENT AND PAYMENT METHODS

3.1 The Goods shall be payable at the prices listed on the Nisbets website at
the time of the Order. Pricing in the Nisbets catalogue is indicative only.
Nisbets reserves the right to update prices at any time. In the event of any
conflict between prices for the Goods on the Nisbets website or catalogue, the
pricing on the Nisbets website will prevail. 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.

3.2 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.

3.3 Occasionally an error may cause the price/description published or
advertised for Goods to be incorrect, in which case Nisbets shall be under no
obligation to honour the incorrect price or Order.

3.4 Payment for Goods and Delivery may be made by any of the options listed on
the Nisbets website or catalogue. Cheques and cash usually require a minimum of
6 working days to clear and the Customer account, order or quote number MUST be
referenced with payment. Nisbets 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.

3.5 Nisbets reserves the right to charge interest at 8% above the base lending
rate of the Bank of England calculated monthly on late or overdue payments by
the Customer.

3.6 All Orders may be subject to further credit or security checks.

3.7 Nisbets’s Price Promise applies to any lower published price for a
like-for-like product offered on the same terms in the UK. Like-for-like means
Goods should be the same brand and specification. The goods must be offered with
the same delivery service and warranty as Nisbets’s 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. In order to qualify, the
price must be published in writing. Nisbets’s Price Promise excludes comparing
like-for-like products from companies within the Nisbets group of companies.


4. DELIVERY

4.1 Full delivery prices and options are listed on the Nisbets website or
catalogue and subject to change from time to time.

4.2 Standard Delivery and Premium Delivery Orders will be sent for ‘next day
delivery’ within the UK mainland subject to an Order (with the relevant delivery
charge) being accepted by Nisbets before 4.00pm on a working day (a working day
is a day other than weekends and bank/public holidays) and provided no
additional security checks are required and the Goods are available. If the
Order cannot be delivered ‘next day’ then delivery will usually be completed
within 5 days.

4.3 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.

4.4 Nisbets will use reasonable endeavours to meet delivery estimates in all
cases however Nisbets cannot be held liable for any loss or damage due to delay
in delivery.

4.5 Risk in the Goods transfers to the Customer at the time of delivery but
title will not pass until payment has been made in full for the Goods in
question.

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

4.7 All large machinery, refrigeration and flat packed Goods are delivered to
the front door 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 Customer, at the Customer’s sole risk.


5. WARRANTIES AND RETURNS

5.1 Subject to the conditions in this Clause 5, Goods sold in the UK mainland
may be returned for a refund, exchange or replacement within 30 days provided
they are returned unused, in a saleable condition and in their original
packaging. Goods that have been opened, marked/soiled, damaged or used will only
be entitled to a partial refund (not exceeding 60% of the purchase price) after
assessment by Nisbets. Goods deemed non-saleable will not be refunded and will
only be returned at the Customer’s cost. Certain large or bulky items may also
be subject to a restocking fee (usually £85). Certain Goods cannot be returned
for hygiene reasons. Certain Goods such as knives must be returned in adequate
postal packaging for health and safety reasons. Certain last-in-line or
special-to-order Goods may also be non-returnable and will be flagged
accordingly on the Nisbets website or catalogue. The carriage cost of returns
may be refunded in whole or in part to the Customer at Nisbets’s discretion.

5.2 Goods are guaranteed against defects in accordance with the terms of the
manufacturer’s warranty or for 1 year from delivery unless otherwise stated.
Goods reported faulty within the specified warranty period may be repaired,
replaced or exchanged at Nisbets’s discretion. Parts and labour under this
warranty are guaranteed in the UK mainland only.

5.3 Goods that are missing from delivery or damaged due to delivery must be
reported to Nisbets within 24 hours. Large Goods such as refrigerators must be
inspected by the Customer on delivery for damage and an acceptance of delivery
docket completed noting any damage that resulted from delivery.

5.4 The warranties in this Clause 5 do 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
(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 Nisbets
within 24 hours to qualify for replacement, repair or refund at Nisbets’s
discretion. Goods marked ‘semi-commercial’, ‘light-duty use only’ or similar
must not be used as substitutes or replacements for heavy-duty or
commercial-grade equipment. Goods marked ‘no commercial warranty’ are sold
without any warranties unless otherwise stated. Certain Goods may be disposed of
in accordance with Nisbets safety instructions for replacement, exchange or
refund with Nisbets’s prior approval. Engineer call-outs and repairs carried out
on non-warranty faults or defects may be subject to further charges including
where the Customer has missed or is unduly late for an arranged call-out. No
Goods will be sold on a ‘sale or return’ basis without prior written approval by
Nisbets. Nisbets 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 Nisbets’s prior approval.

5.5 Old electrical & electronic equipment may be disposed of by prior
arrangement in compliance with WEEE regulations. Full details of Nisbets’s WEEE
compliance policy are available on the Nisbets website.

5.6 Statutory rights for Customers placing Orders as private consumers (as
defined by law) are not affected.


6. TERMINATION

6.1 Nisbets reserves the right, 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.

6.2 Nisbets reserves the right to cancel any Order and/or terminate this
Agreement if the Customer 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
undertaking of the Customer.

6.3 Nisbets 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 Nisbets’s reasonable control such as
force majeure, act of God, adverse weather and government intervention, sanction
or legislation.

6.4 Nisbets reserves the right to cancel any Order where it is reasonably
suspected that the Customer is not legally permitted to purchase any Goods
specified in the Order (such as solvents and knives).


7. LIMITATION OF LIABILITY

7.1 The Customer agrees that Nisbets will not be liable for any losses or damage
suffered by the Customer including but not limited to damage to 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
Customer. Nisbets 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.
Nothing in this Agreement shall exclude Nisbets’s statutory liability for injury
or death.

7.2 Goods sold are not insured for delivery unless otherwise confirmed by
Nisbets.


8. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

8.1 Goods sold or supplied by Nisbets may be subject to copyright (whether owned
by Nisbets 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 Nisbets harmless for
any breach of said covenant.

8.2 The Customer’s data protection and privacy rights under this Agreement are
set out in Nisbets’s privacy policy (available on the Nisbets website).


9. JURISDICTION

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

9.2 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 to the
fullest extent permissible by law.


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Nisbets Limited Catering Equipment Supplies
UK registered company no. 01693112 | VAT no. 974 8030 00 | © 1983 - 2024 Nisbets
Limited and its affiliates. All Rights Reserved.
Registered office: Nisbets Limited, Fourth Way, Avonmouth, Bristol BS11 8TB
Tel: 0117 316 5000
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