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Axis Equipment Ltd Website Use Terms and Conditions

Axis Equipment Acceptable Use Policy

Axis Equipment Privacy Policy

 

Terms & Conditions of Sale

 

1. Definitions and General 

 

1.1 The Company - Axis Equipment Ltd t/a Axis Equipment Ltd and Axis Catering Equipment from: 2 Red House Square, Duncan Close, Moulton Park, Northampton, Northamptonshire, England, NN3 6WL.

 

1.2 The Buyer - the person, firm or company contracting with the Company and any delivery address specified by The Buyer relating to an order.

 

1.3 The Contract - any contract between the Company and the buyer for the sale and purchase of goods.

 

1.4 "Website" is the Internet web page or Internet web pages published by Axis Equipment Ltd or any other party on its behalf in the course of its business practices.

 

1.5 Waiver - Axis Equipment Ltd's failure to exercise any particular right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Axis Equipment Ltd in writing.

 

1.6 Assignment - the Customer in entering into these Terms & Conditions undertake that the Customer will not assign, re-sell, sub-lease or in any other way transfer the Customer's rights or obligations under these Terms & Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Axis Equipment Ltd forthwith. Axis Equipment Ltd assigns these Terms & Conditions in whole or in part to any third party at its discretion.

 

1.7 Rights of Third Parties - A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of these Terms & Conditions.

 

1.8 All orders are accepted subject to these conditions of sale, which shall apply to the exclusion of any terms or conditions put forward by or on behalf of The Buyer.

 

1.9 No variation, waiver or addition to these conditions, whether written or oral, shall have effect unless agreed in writing by The Company.

 

2. DESCRIPTION

 

2.1 Although every effort is made to ensure that the illustrations, price, description measurement and specification of goods in our catalogue, brochures and website are correct, such information is published for the sole purpose of giving an approximate idea of the goods represented. Due to a policy of continuous improvement, products supplied may differ slightly from the image in the catalogue, brochure or website.

 

2.2 If any products ordered become no longer available from the manufacturer, the Company reserves the right to supply an alternative product at the same price as the one originally ordered.

 

3. ORDERS

 

3.1 The Buyer shall be responsible to The Company for ensuring the accuracy of any order.

 

3.2 Goods are not sold on a trial basis. The Buyer should check specifications and suitability before ordering. By placing an order with The Company, The Buyer expressly confirms that he/she has checked the specifications and suitability for the product(s) on order. The Company does not warrant the suitability of goods for specific applications nor for any items that do not fit into The Buyers premises including sizes of doorways and entry points.

 

3.3 No order which has been accepted by The Company may be cancelled except on terms that The Buyer shall indemnify the company against loss (including loss of profit).

 

4. PRICE OF GOODS

 

4.1 The price of the goods is exclusive of Value Added Tax (VAT), which will be charged at the applicable rate as at the date of invoice.

 

4.2 The price quoted may be subject to delivery charges unless stated that it is inclusive.

 

 4.3 Prices quoted are for supply only unless stated that the order is inclusive of installation.

 

5. TERMS OF PAYMENT

 

5.1 Unless otherwise agreed, payment is required prior to delivery of the goods. Where The Company agrees to issue an invoice, the Buyer must pay the invoice within 30 days of the invoice date. For so long as any amount to be paid for goods remains owing to The Company, title of goods will remain with The Company and will not pass to The Buyer until The Company has received full payment including any interest due. The company reserves the right to claim settlement of any outstanding amounts due before this date if there is any change in financial circumstances of The Buyer

 

5.2 All goods shall remain the property of The Company until full payment has been received.

 

 5.3 In the event of any payment due being withheld or delayed The Company reserve the right to:

 

5.3.1 To suspend any further deliveries to The Buyer

 

5.3.2 Charge interest at 4% above the base rate of National Westminster Bank Plc on any amount not received by the due date until such amount is received, both before and after judgement, if applicable, until payment of cleared fund has been received.

 

5.3.3 To recover from The Buyer on a full indemnity basis together with interest thereon all costs incurred by obtaining payment, including solicitor's fees and costs associated with doing so.

 

6. DELIVERY

 

6.1 The Company will use reasonable endeavours to deliver the goods within the time agreed when The Buyer places an order. However any such delivery is not guaranteed, even if The Buyer pays a surcharge for a timed / guaranteed service. The Buyer expressly confirms that The Company shall bear no responsibility for late deliveries or for any costs incurred by The Buyer as a result of late delivery / non delivery of any item(s).

 

6.2 Any costs incurred due to inadequate site access shall be charged to The Buyer

 

6.3 Wherever possible The Company will deliver from stock held in its warehouse. For items not in stock, delivery will normally be made direct from supplier. It is the responsibility of The Buyer to ensure adequate provision and resources are made for getting the item(s) into their premises and that all relevant apertures are of an appropriate size to accept the goods. Delivery times given are only estimates and The Company accepts or assumes no liability for delays in delivery, however caused.

 

6.4 It is The Buyers responsibility to ensure all opening apertures are of a suitable size to accept the goods ordered. The Company accepts no responsibility for the failure or negligence on behalf of the buyer to check that all goods will fit into their premises. The Buyer expressly confirms that they have checked all the relevant access, openings and dimensions and that he/she accepts full responsibility in the event that the product does not fit into / through any of these dimensions. In the event of items not being able to fit into / through available spaces, the Company may, at their discretion, offer The Buyer the option of returning the goods if the goods are undamaged and in their original condition, subject to a 20% restocking charge of the original sales price of the item(s) concerned. All costs for returning the goods will be the responsibility of The Buyer. The Buyer is also responsible for adequately insuring the goods during transit to the Company. The Company accepts no liability whatsoever for damage / loss of any goods in transit whilst being returned to them. This liability is solely with The Buyer.

 

6.5 It is The Buyer's responsibility to check the goods at time of delivery. The Company accepts no responsibility of alleged non-delivery, shortfall of goods, damage on delivery or other discrepancy unless notification in writing is received within 24hours from the date and time of delivery. In absence of such notification, The Buyer shall be deemed to have accepted the goods.

 

6.6 The Buyer must thoroughly check all goods received before signing the delivery note.  If the delivery note is signed and damage is subsequently found at a later date, the Company accepts no responsibility for this.  The onus is on The Buyer to check the goods thoroughly upon delivery. If the goods cannot be checked upon receipt, The Buyer can refuse the delivery. If the delivery is refused, it is possible to re-arrange delivery subject to additional costs which must be borne by The Buyer. If The Buyer cannot check the goods at the time of delivery, he/she must sign the delivery note ’damaged’, otherwise no claim for damage will be entertained after unpacking of the goods. This condition does not exclude point 6.4 whereby all claims for damage must be reported to The Company within 24 hours from the date and time of delivery.

 

7. RETURNS

 

7.1 Goods despatched to The Buyer and subsequently accepted for cancellation by The Company will be subject to an abortive delivery charge, as well as any cancellation charge deemed necessary by The Company.

 

7.2 Any goods agreed by The Company as accepted for return for any reason other than faulty will be subject to a restocking charge of 20% of the net invoiced price.

 

7.3 Goods which have been incorrectly ordered will only be accepted for return with prior approval from The Company. Goods may not be returned without prior authorization. Prior to return, a Goods Return Authorisation Number (GRA Number) must be obtained from The Company (contact customer service team on 01933 666 000). Such goods will only be accepted if they are correctly packed in the original packaging, with original manuals and have not been used. A restocking charge of 20% will be levied on all such goods. Customers are responsible for ensuring goods are returned in suitable packaging and for obtaining the necessary proof of delivery and receipt.

 

8. WARRANTY

 

8.1 Unless otherwise stated, all goods come with a 12 months parts warranty. Certain items are subject to back to base warranty / workshop warranty and this is indicated on the product text. Customers must use warranty arrangements specifically provided. Warranty periods commence from the date of supply.

 

8.1.1 Exceptions to this are:

 

(i) Fabrication/ Cosmetic items not identified as damaged at the time of supply/ installation in accordance with points 6.1to 6.6  

(ii) Shelves/Baskets 

(iii) Light bulbs/Tubes 

(iv) Consumable items and breakables 

(v) Door Locks and Door Seals 

 

8.2 Where back to base warranty is applicable, it is The Buyer has responsibility to return the item to The Company and to ensure the item is adequately packaged / protected if using 3rd party transport. The Company accepts no responsibility whatsoever for damage to items during transit to or from its premises.

 

8.3 Warranty does not cover goods which have been:

 

(i) Misused

(ii) Used for a purpose which the manufacturer has not intended it to be used for

(iii) Where maintenance requirements have not been adhered to

(iv) Subject to less than adequate cleaning and ventilation, where this will inhibit the performance of the machine.

(v) Installed by anyone other than a certified trade professional relative to the item in question.

(vi) Installed by anyone other than The Company's approved installers, if installation is included.

(vii) Installed without a suitable water softener (all glass and dishwashers, coffee machines and Combi Ovens).

(viii) Installed without a suitable water filter (all ice machines).

 

8.4 Other manufactures warranty exclusions may apply.

 

8.5 All claims for warranty will be actioned by The Company, but where the fault is through operator error, misuse, lack of cleaning, non compliance with manufacturers’ instructions, non professional installation, tampering with goods by an unauthorised person or any other issue not resulting from failure on behalf of any manufacturers part , then the charge for the call out and any subsequent repair will be borne by The Buyer.

 

8.6 Warranty does not apply to a small number of machines which are suitable for domestic use only and must be returned to the manufacturer in the event of a breakdown. Machines returned for repair in warranty where it is found that the item has been abused or not used for what it was designed for, will be charged. This also applies where a machine has not been properly maintained, including cleaning and descaling, where applicable. Machines returned for repair are not reassembled if upon quotation you do not require the machine to be repaired. Loan machines are not available.

 

8.7 All claims are to be submitted with complete service engineer’s documentation. 

 

9. LIABILITY

 

The Company accepts no liability of whatever nature arising from a result of any representations, breach of contracts, late delivery of product, negligence or otherwise, including but not limited to any liability for indirect or consequential loss, or loss of profits, revenue, business or goodwill except for liability of death or personal injury caused by The Company's negligence. All conditions, warranties, guarantees and representations, express or implied, by statute, common law or otherwise in relation to the goods (other than the liability which The Company is not permitted by law to exclude or restrict) are hereby excluded.

 

10. OUR LIABILITY

 

In so far as it is possible by applicable law, The Company expressly excludes liability for any claims, loss, demands or damages of any kind whatsoever, with respect to use of The Company's website or any other brochure, catalogue or literature produced by The Company or any misleading information or omissions it may contain, including without limitation, direct, indirect, incidental or consequential loss or damages, whether arising from loss of revenue, loss of data, loss of profits or otherwise. If you are a consumer your Statutory Rights, if any, are not affected. Nothing in this clause is intended to exclude liability for death or personal injury arising from the negligence of The Company or its employees or agents.

 

11. FORCE MAJEURE

 

Neither party shall be liable for any default due to any act of God, war, strike, lock-out industrial action, fire or other event beyond the reasonable control of either party.

 

12. LAW

 

All disputes arising of this contract shall be subject to the jurisdiction of the courts of England & Wales.

 

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TERMS OF WEBSITE USE 

This page (together with the documents referred to on it) tells you the terms on which you may access or use this website (our site), whether as a guest or a registered user. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. 

 Information about us:

This is a site operated by Axis Equipment ("We"). We are registered in England & Wales under company number 07124252 and have our registered office at Axis Equipment Ltd. 2 Red house Square. Duncan Close. Moulton Part. Northampton. Northamptonshire. NN3 6WL. Our VAT number is GB990869751. 

 Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. 

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. 

Any orders submitted to Axis Equipment Ltd under these access details will be considered a binding contract and subject to Axis Equipment Ltd’s Terms and Conditions of Sale.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 

 Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. 

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

 Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. 

 Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. 

 Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: 

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

•  
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

• For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. 

 

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. 

 Transactions concluded through our site

Contracts for the supply of Goods, Services and Information formed through our site or as a result of visits made by you are governed by our terms and conditions of supply. 

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. 

You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. 

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. 

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. 

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy. 

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. 

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. 

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not establish a link from any website that is not owned by you. 

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. 

If you wish to make any use of material on our site other than that set out above, please address your request to enquiries@axisce.co.uk. 

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law. 

Variations

We may revise these terms of use, and/or our acceptable use policy and/or privacy policy at any time by amending the appropriate page. You are expected to check these pages from time to time to take notice of any changes we made, as they are binding on you. 

Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. 

Your concerns

If you have any concerns about material which appears on our site, please contact enquiries@axisce.co.uk. 

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ACCEPTABLE USE POLICY 

Use of Site 

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Interactive Services

We may from time to time provide interactive services on our site, including, without limitation:

• Chat rooms
• Bulletin boards
• Online Forms

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). 

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. 

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. 



These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. 

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. 

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.