General Terms & Conditions (Please contact us to ensure these are the latest version)
a1. Qualitasse Limited (Qualitasse / Supplier) shall not be liable for any loss or damage whatsoever arising from failure to perform in respect of any supplier agreement, whether wholly or in part which is caused by any cause whatsoever beyond our control or by our suppliers or other agents. The liabilities of Qualitasse shall in all cases be limited to the amount of the invoice to which the claim relates. In no circumstances whatsoever shall Qualitasse be liable for indirect or consequential loss or for loss of profits.
a2. Dates for shipment or delivery of goods & services to be sold or delivered by Qualitasse shall not be and must not be relied on or treated by a buyer as terms of the agreement unless they are specified as such in the agreement documents. Where dates for shipment or delivery are so specified we shall not be under any absolute obligation to ship or deliver by the date specified, but our obligation shall be to ship or deliver within reasonable time of the date specified. Any obligation on our part to ship or deliver as aforesaid shall not be a condition of the agreement and accordingly any breach of such obligation shall be and is to be treated as a breach of warranty only.
a3. In all circumstances, payment is due within thirty days from the date of invoice. Qualitasse reserve the right to add a charge to any overdue invoice at a level sufficient to cover any charges incurred, including administration costs. This will be 0.5% per full or part month for the period the invoice remains overdue, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
a4. The prices referred to in any agreement documents shall remain in force for a period of not exceeding 60 days from date of order or quotation.
a5. The risk of goods shall pass immediately they are delivered into the physical custody of a buyer or his agents, or otherwise to his order. Qualitasse shall retain sole and absolute property in such goods as legal and beneficial owner until a buyer has paid the full invoice price and until that time a buyer shall be in possession of the goods as bailee for us and shall be deemed to have so acknowledged. Until the full invoice has been paid a buyer shall store the goods separately from other goods and in a manner which makes them readily identifiable as goods delivered by us.
a6. No claims for loss, damage or order discrepancies will be considered unless made within 2 days of delivery. Claims for non-delivery cannot be entertained unless we and/or where relevant the carriers are notified within two days of date of invoice.
a7. Perishable goods, being those with a “best before” or “sell-by” date, will not be credited where they have been part-used or if the best “before date” has passed. It is the customer’s responsibility to ensure they do not accept goods with a short “sell by” or “best before” dates.
a8. For orders scheduled for delivery exceeding 30 days, prices will be those in force at the date of despatch.
a9. All pallets and reusable containers are supplied on loan and should be returned via our transport when available.
a10. Where Qualitasse provides equipment and services to a client location the customer shall grant Qualitasse exclusive rights to supply all consumable products associated with the equipment and/or services to the exclusion of all other suppliers. Temporary loan equipment remains the property of Qualitasse at all times and the client must return or allow collection of such equipment within 14 days of notification. Failure to return the equipment within this time will result in a charge equal to the current new value of the equipment, or of the closest similar piece equipment.
a11. All requests for the cessation of supplies, equipment or services shall be made in writing giving at least 30 days notice, and any outstanding monies to be paid at the time of the request.
a12. To qualify for loan / rental / lease equipment, customers must order a minimum of one unit of primary product from Qualitasse, per calendar month, per item of equipment.
a13. The client shall enjoy the benefit accruing from compliance with these terms and conditions in respect of subsidised prices for goods and services, subject to a12 above. Failure to comply with, or contravention of the terms and conditions, will result in the immediate withdrawal of this subsidy.
Rental, Lease and Loan Equipment
b1. All equipment is the property of Qualitasse and is provided on loan, lease, hire or rental to the Customer for the period stated on the original order until such time as the total charge for the equipment has been met by the Customer in full. The equipment is to be insured by the Customer against loss, damage or injury to any person or property which may occur in connection with or arising out of the equipment or its use, or any defect therein however caused, and the Customer will indemnify Qualitasse against all costs, claims and demands of whatever kind arising in respect of or in connection with the provision of the equipment. Qualitasse cannot accept responsibility for damage caused to property, goods and/or equipment whilst its personnel are on client premises.
b2. The Customer will ensure the equipment is maintained to the standards required by the original equipment manufacturer or by Qualitasse and that preventative maintenance where required, is carried out in accordance with the prescribed procedures.
b3. Any damage caused to Qualitasse equipment or property must be notified within 24 hours to Qualitasse in writing by email (firstname.lastname@example.org) or fax (01256 300 051).
b4. The Customer will allow Qualitasse, its servants or agents reasonable access to inspect, repair or remove the equipment at any time during the period of the loan, hire, lease or rental.
b5. In the event of failure to pay for, or return equipment, Qualitasse reserve the right to enter upon the Customer’s premises to repossess the equipment and the Customer hereby irrevocably consents to Qualitasse so entering the Customer’s premises and hereby indemnifies Qualitasse against all claims of right or action arising from such action.
b6. No equipment not wholly owned by the customer may be relocated to an alternative site without the written permission of Qualitasse.
b7. There must be no attempt by the customer to repair or modify any equipment not wholly owned by the client without the prior written consent of Qualitasse.
b8. Customers are required by Qualitasse to take up the approved preventative maintenance service. Should customers prefer to make alternative arrangements then they immediately become solely responsible for the hygiene of the equipment and the quality of the beverage or water dispensed from it and any warranty will be immediately invalidated.
b9. Equipment and accessories provided by Qualitasse may only be used to dispense consumables and other beverages supplied solely by Qualitasse.
b10. All periodic payments for items such as rental, lease, lease purchase and contract maintenance, whether paid in advance or arrears, are non-refundable and the normal payment terms apply.
Please see the separate document concerning the rules for equipment maintenance, repairs and parts:-
c.1. All orders are accepted subject to the incorporation in the agreement of these standard terms conditions and any special conditions of sale, which shall override and exclude any terms and conditions proposed by a buyer, except in so far as acceptance of the same has been communicated by us to a buyer in writing and signed by an executive of Qualitasse. Terms and conditions proposed by a buyer cannot be accepted by our staff without express written sanction; it is a buyer’s responsibility to ensure that such sanction has been given.
c.2. The following exclusions pertain to all equipment provided for use on the customer’s premises and under their control and shall be the responsibility of the customer to pay for:- theft, accidental damage, misuse, neglect, vandalism, total loss, unauthorised movement, use of unauthorised products and services, also where water supplies are provided by the customer any attendance by Qualitasse staff or its agents for the purpose of effecting repairs or maintenance to the aforementioned equipment as a result of the effects of limescale or other natural occurrence.
c.3. The Customer must undertake to enter into whatever preventative maintenance facility is proposed by the original equipment manufacturer or Qualitasse for a specific item of equipment. Failure to do so will invalidate any warranty.
c.4. The customer shall use the prescribed water treatment system as supplied by Qualitasse. All regular routine exchanges / replacements must be made at the interval defined by Qualitasse. Failure to do so will invalidate any warranty and any service call-outs will be chargeable.
c.5. The Customer must pay all monies outstanding at any time by the agreed due date including any advance payments for rental and preventative maintenance. Failure to do so will invalidate any warranty.
c.6. In the event that the equipment shall for any cause become inoperative, Qualitasse shall repair or cause the same to be repaired within a reasonable time after notification of the condition by the Customer to Qualitasse. However Qualitasse shall not be liable to the Customer for any loss or destruction of any property or other material belonging to the Customer as a result of the state of repair or condition of such equipment. During the period of this agreement Qualitasse shall: Repair or replace at its discretion any faulty parts and carry out any repairs, including the supply of replacement parts, necessitated by fair wear and tear. Any other repairs including the supply of replacement parts and labour necessitated by any other cause shall be paid by the Customer at rates laid down by Qualitasse at its price list being published at that time. Any sums so payable by the Customer shall be paid within 28 days from date of invoice by Qualitasse.
The validity and construction of this agreement and all agreements of Qualitasse shall be governed by the laws of England and both parties shall submit to the non-exclusive jurisdiction of the English Courts.