" Call Us On : 01208 77398 "
All dealings including quotations and any other order placed following such quotation are subject to the following conditions of sale in which
K. Dunmore Refrigeration Ltd is referred to as KDR
No order received from a customer by KDR and no purported variation of these terms shall constitute a contract until accepted in writing by KDR. KDR reserves the right to refuse any order, including subsequent to the sending of an order acknowledgement email.
Prices quoted by KDR are current but we reserve the right to make adjustments if necessary due to currency fluctuations, raw material or manufacturing increases. Unless otherwise stated, all prices are exclusive of any applicable value added tax, for which the customer shall be additionally liable to KDR. Where purchases are stated to be offered on a "VAT-free" basis, the prices of qualifying items will be reduced by the equivalent of VAT.
Payment must be received for the whole of the price of the goods ordered by the customer and any applicable charges for carriage and insurance, before your order can be accepted unless both the customer and KDR have agreed otherwise in advance in writing.
3.1 No payment shall be deemed to have been received, until KDR has received cleared funds.
3.2 Unless otherwise agreed payment is required prior to delivery of the goods. For so long as any amount to be paid for goods remains owing to KDR, goods will remain the property of KDR and will not pass to the customer until the full payment has been received, subsequent orders and deliveries can be refused until such payment is received.
3.3 We do not store credit card details nor do we share customer details with any 3rd parties.
4.0 Delivery and Returns
Delivery times and dates are given in good faith, but are not the subject of any warranty or condition, No liability will attach to KDR if delivery periods or dates are not met for any reason. Please advise us of any non delivery within 10 days and confirm in writing to enable us to claim under the carriers terms. Any shortage or damage on delivery must be reported to us immediately and confirmed in writing within 5 days.
Should you wish to return your equipment item(s) it must first be agreed with KDR. A restocking charge of 25% applies, and we reserve the right to charge for return carriage. Please note that any equipment items returned must be in their original packaging together with all manuals and accessories. In the event that you no longer have the packaging, we will be unable to accept the item(s). Credit will only be honoured once the goods have been received and inspected by KDR. In the event of returned goods being used and unsaleable, no credit will be given, and the goods will be sent back to the customer. We are unable to offer a refund or exchange on fabricated stainless steel such as tables and shelving units.
Should goods be delivered incorrect, faulty or damaged, please report to us immediately and confirm in writing within 48 hours of delivery.
Please note that there may be a collection charge for any items returned.
In both instances, please call us on 01726 891117 to obtain details on how to return your product.
Most equipment is normally sent direct from the manufactures and delivery times may vary. Please contact us to confirm lead times. If you require a more urgent delivery, we can provide you with the best delivery options available.
Please ensure that you have checked all the technical specification, available on our suppliers websites prior to ordering. Should you remain unsure of what product is right for you, just give us a call.
KDR warrants that all goods supplied by it will correspond to their specification and will be free from defects for a period of 12 months from the date of delivery. KDR's obligation in the event of a breach of this warranty is limited to the repair or replacement of any defective goods, which shall be returned to KDR by the customer. This warranty is given in lieu of all other warranties or conditions expressed or implied (whether by statue or otherwise) and is subject to the following conditions:
5.1 Claims must be notified in writing to KDR within seven days from the date of delivery.
5.2 KDR shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
5.3 KDR shall be under no liability if the defect or failure, in the reasonable opinion of KDR, arises from wilful damage or misuse, negligence by the customer or any third party, failure to follow KDR's instructions, or alteration or repair of the goods without KDR's prior approval.
5.4 KDR shall be under no liability if the price for the goods has not been paid by the due date for payment.
5.5 The above warranty does not extend to parts, materials or equipment not manufactured by KDR, in respect of which the customer shall be entitled only to benefit of any such warranty or guarantee as is given by the manufacturer to KDR.
5.6 Except in the case of death or personal injury caused by the KDR's negligence, the KDR shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation.
5.7 A restocking charge of 25% will apply to any orders returned having been ordered in error.
Standard Delivery Service (Cornwall and Devon Only)
The risk in the goods shall pass to the customer on delivery to the customer or (if earlier) when possession of the goods is taken by a carrier for delivery to the customer.
8.0 Force majeure
KDR shall not be liable to the customer, or deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of KDR's obligations in relation to the goods. If the delay or failure was due to force majeure or to any other cause beyond KDR's reasonable control.
9.0 Reservation of title
The goods sold under these conditions shall remain the absolute property of KDR and legal title in the goods shall remain vested in the KDR until payment in full of all amounts invoiced or due to KDR in respect of the goods, or until the goods are resold by the customer, whichever shall first occur. If the customer shall enter into liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the goods has passed in accordance with this condition, KDR shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any goods to which it has title under this condition. No liquidator, receiver, administrator administrative receiver of the customer shall have authority to sell goods to which KDR has title without the prior written consent of KDR.
9.1 Until such time as the property in and legal title to the goods passes to the customer, the customer shall hold the goods as KDR's fiduciary agent and bailee and shall keep the goods separate from those of the customer and third parties and properly stored, protected, insured and identified as KDR's property. Until that time, the customer shall be entitled to resell or use the goods in ordinary course of its business, but shall account to KDR for the proceeds of sales of the goods, including insurance proceeds, and shall keep all such proceeds separate from any moneys of the customer and of third parties.
9.2 The customer shall not be entitled to pledge or charge, by way of security for any indebtedness, any of the goods which remain the property of KDR but, if the customer does so, all moneys owing by the customer to KDR shall (without prejudice to any other right or remedy of the reseller) forthwith become due and payable.
9.3 KDR shall be entitled to maintain an action for the price of the goods notwithstanding that title in them has not passed to the customer.
10.0 Insolvency of customer
If the customer, being a body corporate, shall pass a resolution or suffer an order of the court to be made for winding-up, or if a receiver, administrator or administrative receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then KDR shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.
11.0 Patent rights
The acceptance of a quotation includes the recognition by the customer of the right of KDR under any patent rights, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced.
12.0 Applicable Law
These conditions shall be governed by and construed in accordance with English law and the parties acknowledge the exclusive jurisdiction of the English courts.