13 Quality & Warranty
13.1. Goods supplied by the Company are guaranteed in accordance with the terms of the manufacturer's warranty provided with the goods or for 1 year parts only if not stated with the goods. The warranty applies to U.K. Mainland only and does not apply to goods that have not been paid for in full or there is a discrepancy with any other payment.
13.2. Warranty does not apply to wear and tear, or if a product has been damaged, misused, or altered in any way, or if the goods have been disassembled, partly used or the seals or labels have been removed or tampered with. Warranty does not include goods that have been damaged by fire, water or smoke, have exceeded their warranty period, or are sterile and or/disposable. This also applies where a machine has not been properly maintained, including cleaning and de-scaling where applicable. Any defect or suspected defect must be notified to the Company in writing within 14 days of receipt of delivery. It does not apply to a small number of machines marked 'No commercial warranty' where any warranty is invalidated if the product has been used, or deemed to have been used in a commercial environment. Machines returned for repair are not reassembled if upon quotation the repair is not required. Temporary replacement machines are not available. The Company endeavours to meet The Customer's individual requirements, but is under no obligation to accept cancellation or amendment to any order or part of order.
13.2.1. Be reasonably fit for any particular purpose for which the Goods are being brought if the Buyer has made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of the Company.
13.3. If a machine is replaced the Company holds no liability for the costs of installations.
13.4. Machines returned for repair in warranty where it is found that the machine has been abused, or has not been used as it was designed, will be charged for, we will contact you prior to doing this, whenever possible.
13.5. The Company shall not be liable for a breach of (the warranty) (any of the warranties) in condition 15.1 unless;
13.6.. The Buyer gives written notice of the defect to the Company, and (if the defect is as a result of damage in transit) to the carrier, within 24 hours of the time when the Buyer discovers or ought to have discovered the defect; and
13.7. The Company is given a reasonable opportunity, after receiving the notice, of examining such Goods; and the Buyer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Companies cost for the examination to take place there.
13.8. The Buyer makes any further use of such Goods after giving such notice; or
13.8.1. The defect arises because the Buyer failed to follow the Company's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
13.8.2. The Buyer alters or repairs such Goods without the written consent of the Company.
13.9. Subject to conditions 15.3 and 15.4, if any of the Goods do not conform with (the warranty) (any of the warranties) in condition 15.1 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Companies expense, return the Goods or the part of such Goods which is defective to the Company
13.10.. Any Goods replaced will belong to the Company and any repaired or replacement Goods will be guaranteed on these terms for the unexpired portion of the warranty term.
13.11. The warranty does not apply:
a) To second hand products supplied hereunder;
b) to damage to any part caused by overloading, abuse, misuse, tampering, neglect or accident or putting to use other than normally recommended by the Company;
c) to any product or part repaired, altered or assembled by anyone other than the Company, it's supplier or it's appointed installation or service contractor, which in the sole judgment of the Company affects the performance, stability, or purpose for which if was manufactured;
d) To payment of removal or installation charges of warranted parts;
e) To loss of food or contents of the equipment;
f) To the condensing unit used with the equipment unless such a unit was supplied by the Company;
g) To components not manufactured by the Company;
h) For any claim in excess of the contract price;
i) Where the buyer or its agent has inspected and approved the goods prior to delivery;
j) To any additional damage caused by the buyer's failure to notify the Company of a defect.
13.12. This warranty is in lieu of all other warranties expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, and in no event shall the Company be liable for consequential loss or special damage.
13.13. The Company makes no warranty whatsoever in respect of items which it does not manufacture. The Company shall assist the buyer to obtain the benefit of any applicable warranties given by the manufacturers thereof.
13.14. The Company hereby limits liability upon any claim arising in respect of negligence by the Company in the manufacture of a part of a new product. Further, in the event that the Company should be the subject of a claim in negligence by any other party in respect of a part on a new product supplied to the buyer, the buyer shall indemnify the Company for any such claim which exceeds the limitation of liability as set out previously herein.
13.15. The Company hereby warrants, subject to clause 15.2, 15.3 and 15.5 hereof that each new product or part, and supplied under the contract shall be free from defects in material and workmanship.
13.16. The Company's obligations under this warranty shall be limited, at the Company's option to repairing or replacing ex-works, or allowing credit for, any part of which under normal and proper use and maintenance proves, to the Company's satisfaction to be defective in material and workmanship provided notice of such defect and satisfactory proof thereof shut be promptly given to the Company at it's request, and at the buyers expense. All labour, travel or carriage costs involved in effecting such replacements or repairs shall be bourn by the buyer.
13.17. The warranties to goods caused by the fault, negligence or failure of the customer to adhere to manufacturer instructions will be invalidated. Prior to us sending an engineer we will require up to a £400.00 deposit to cover any costs incurred through non warranty related issues, this will be refunded in full if we have not been invoiced from the manufacturer. Engineer call-outs and repairs carried out on non-warranty faults or defects will be subject to further charges if the engineer reports that the call out was not due to the failure of the appliance but user error or neglect.
13.18. CHS Ltd cannot be held liable for any costs or loss of earnings due to equipment being supplied faulty or for deliveries being delayed.
13.19. If we are called out to repair hot water boilers, dishwashers steamers etc and it is apparent the call out was because of the build-up of scale, this will not be covered under the manufacturer's warranty and their charges will be passed on.
13.20. All gas and electrical appliances must be professionally installed; if our engineers are called out to an appliance that has been incorrectly fitted it will not be repaired under the warranty until the installation has been modified. You will be liable for the manufacturers charge for the aborted call out.
13.21. Where items hold at least one year's manufacturer's warranty unless specified differently, the warranty is with the manufacturer of the product not Catering Hygiene Specialists Ltd it is at the manufacturers discretion what they cover under warranty most do not cover bulbs or toaster elements. If goods are returned to the manufacturer, Catering Hygiene Specialists will not pay for the carriage. If the manufacturer does not offer this the cost and liability for the carriage will be with the end user.
13.22. If the product is on a return to base warranty. Items that have been returned and it is deemed the damage is through neglect or misuse will require payment to cover all costs before it's returned. If goods are returned to the manufacturer because they are on a back to base warranty or any other reason, Catering Hygiene Specialists will not pay for the carriage. If the manufacturer does not offer this the cost and liability for the carriage will be with the end user.
13.22a If items have been returned on a back to base warranty after checking or repairing it manufacturers may stipulate customers have to collect or pay for the return of the item possibly within fourteen days for certain manufacturers; this normally occurs when they've collected the item and can't find a fault with it.. Manufacturers also reserve the right to dispose of the item if it hasn't been collected within their specified time frame.
13.23. If you have purchased items on a parts only warranty we require a engineers report to organise for parts to be supplied from the manufacturer. We will advise supply engineers contact details where available. In cases where there has been neglect or misuse to the appliance it will be at the manufacturers’ discretion whether they supply parts.
13.24.Electrical Product Recycling. The cost for collection and disposal of obligatory electrical items as specified in the WEEE directive is not included in the selling price. However, upon request at the end of product life, collection and disposal can be arranged for a fee. When ordering like for like replacements, if disposal of the old unit(s) is required they must be unplugged/disconnected from power supply, empty and in a reasonable state for transportation. Items(s) must be ready for collection at the time of ordering replacement(s).
13.25 If gas appliances are not fitted in a brick built solid construction like mobile trailers they are only covered by a one year parts only warranty.