COMMERCIAL REFRIGERATION LTD: STANDARD TERMS & CONDITIONS OF SALE (this “Agreement”) In this Agreement, the “Customer” means any person who places an Order with Commercial Refrigeration Ltd (either as a private consumer or as a business);
the “Goods” means any items sold or supplied by Commercial Refrigeration Ltd under an Order;
“Commercial Refrigeration Ltd” means Commercial Refrigeration Limited, a company registered in Ireland with company number 26509 and a registered address at Mullinabro Business Park, Ferrybank, Waterford, X91 Y52P, Ireland;
“Order” means any request or order (via phone, web order, WhatsApp or mail order) to purchase the Goods;
“Website” means the Website operated by Commercial Refrigeration Ltd at www.commercialrefrigeration.ie or any successor or replacement website operated by Commercial Refrigeration Ltd; and
the “Parties” refers to the Customer and Commercial Refrigeration Ltd
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 Commercial Refrigeration Ltd Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by Commercial Refrigeration Ltd. Commercial Refrigeration Ltd is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Commercial Refrigeration Ltd does not in itself constitute acceptance by Commercial Refrigeration Ltd of the Order.
1.3 Commercial Refrigeration Ltd may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Commercial Refrigeration Ltd Website or catalogue.
2. Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the Commercial Refrigeration Ltd Website at the time of the Order or the Commercial Refrigeration Ltd 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 Commercial Refrigeration Ltd 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 Commercial Refrigeration Ltd may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, Commercial Refrigeration Ltd may vary the Order with the Customer’s approval.
2.4 Customers placing Orders for Goods 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 Commercial Refrigeration Ltd Website at the time of the Order or the Commercial Refrigeration Ltd catalogue from which the Order is placed provided the catalogue is current. Commercial Refrigeration Ltd reserves the right to update prices on the Commercial Refrigeration Ltd Website or in future Commercial Refrigeration Ltd catalogues from time to time. Occasionally, prices advertised on the Commercial Refrigeration Ltd Website may differ from prices advertised in the Commercial Refrigeration Ltd catalogue and Commercial Refrigeration Ltd is under no obligation to honour the price in the Website if the Order is placed through the catalogue. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in Euro.
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 Commercial Refrigeration Ltd 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 Commercial Refrigeration Ltd 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. Commercial Refrigeration Ltd reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled. Any unpaid or bounced cheques returned by a bank will be subject to an administration fee of €25 each.
3.5 Commercial Refrigeration Ltd reserves the right to charge interest at a rate of 10% of the value of the relevant Order on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
3.7 Commercial Refrigeration Ltd’s Price Promise applies to any lower published price for a like-for-like product offered on the same terms in the Republic of Ireland. 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 Commercial Refrigeration Ltd’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. Commercial Refrigeration Ltd’s Price Promise excludes comparing like-for-like products from companies within the Commercial Refrigeration Ltd group of companies.
4. Delivery
4.1 Full delivery prices and options are listed on the Commercial Refrigeration Ltd Website or catalogue and subject to change from time to time.
4.2 If an Order is placed by a Customer and accepted by Commercial Refrigeration Ltd before 5pm on a working day (a working day being any day other than weekends and bank/public holidays), stocked products are usually delivered within 24 hours from the time of acceptance of the Order within the mainland of the Republic of Ireland (excluding certain remote areas). Large or fragile items may take longer. Delivery times are stated as a guideline and are subject to change.
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 Commercial Refrigeration Ltd will use reasonable endeavours to meet delivery estimates in all cases however Commercial Refrigeration Ltd 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 Commercial Refrigeration Ltd 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 Commercial Refrigeration Ltd 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. Returns and Warranties
5.1 If the Customer is a private consumer domiciled in a member state of the EEA, the Customer may have a right, in accordance with their applicable local law, to cancel the Order without giving a reason within 14 working days of receiving the relevant Goods. In that instance, the Customer may be entitled to a full refund. In order to exercise this right, the Customer should contact Commercial Refrigeration Ltd at [Phone number] for details on how to return the Goods. Free collected returns are available for next day (parcel packed) Goods only- contact customer service to arrange. The Customer will be responsible for the cost of returning all other Goods to Commercial Refrigeration Ltd.
5.2 Subject to the conditions in this Clause 5, Goods 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. Certain large or bulky items may be subject to a restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain clearance or special order Goods may also be non-returnable and will be flagged accordingly on the Commercial Refrigeration Ltd Website or catalogue. The cost of returns may be refunded in whole or in part to the Customer at Commercial Refrigeration Ltd’s discretion.
5.3 Goods are guaranteed in accordance with the terms of the manufacturer’s warranty or for 1 year from delivery unless otherwise stated. Certain manufacturers do not offer full parts and labour warranties in the Republic of Ireland. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at Commercial Refrigeration Ltd’s discretion. This warranty applies to Customers based in the mainland of the Republic of Ireland only.
5.3 Goods that are damaged due to delivery must be reported to Commercial Refrigeration Ltd 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. Goods that are missing from delivery must be reported to Commercial Refrigeration Ltd within 24 hours 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 Commercial Refrigeration Ltd within 24 hours to qualify for warranty coverage. Any damage resulting from misuse, improper installation, or failure to follow manufacturer instructions is not covered under warranty.
5.5 In the event of a warranty claim, the Customer should contact Commercial Refrigeration Ltd to arrange for repair, replacement, or exchange of the faulty Goods. The cost of shipping the Goods to Commercial Refrigeration Ltd for warranty service is the responsibility of the Customer, unless otherwise agreed upon in writing.
5.6 Commercial Refrigeration Ltd will not be liable for any loss, damage, or injury caused by the Goods once they have been delivered and accepted by the Customer. The Customer is responsible for ensuring the proper and safe use of the Goods.
5.7 Any unfounded warranty claims will be subject to an inspection and evaluation by Commercial Refrigeration Ltd. If it is determined that the claim is unfounded, the Customer may be responsible for any costs incurred by Commercial Refrigeration Ltd in inspecting the Goods.
6. Limitation of Liability
6.1 To the fullest extent permitted by law, Commercial Refrigeration Ltd shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the purchase, use, or performance of the Goods.
6.2 In no event shall Commercial Refrigeration Ltd’s total liability arising out of or in connection with this Agreement exceed the price paid by the Customer for the specific Goods giving rise to the claim.
6.3 Commercial Refrigeration Ltd shall not be liable for any delays or failures in delivery or performance of the Goods resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, fire, strikes, lockouts, power failures, or governmental actions.
7. Intellectual Property
7.1 The Customer acknowledges that all intellectual property rights in the Goods, including trademarks, copyrights, and patents, belong to Commercial Refrigeration Ltd or its licensors.
7.2 The Customer shall not use any of Commercial Refrigeration Ltd’s intellectual property rights without the prior written consent of Commercial Refrigeration Ltd.
8. General Provisions
8.1 This Agreement represents the entire agreement between the Parties and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter hereof.
8.2 No modification or amendment to this Agreement shall be valid unless made in writing and signed by both Parties.
8.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
8.4 This Agreement shall be governed by and construed in accordance with the laws of Ireland, and any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Ireland.
By proceeding with the purchase, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.