Terms and Conditions
For the purpose of this document, BLUE ICE MACHINES Ltd shall be known as the “supplier” and the “customer” shall be the person or persons placing the order.
Our policy is one of continuous improvement; we reserve the right to change specifications to our products or services without notice.
The property in the goods shall remain with BLUE ICE MACHINES Ltd until such a time as the invoice and any other invoices to be paid by the customer are paid in full. The risk in the goods passes to the customer on delivery.
We do not supply any goods on a trial basis; the customer should always satisfy themselves as to the suitability of a product for their requirements before ordering.
a. By requesting and accepting a quotation or placing an order with us you, the customer, agree to be bound by our terms of business for our sale to you of those Goods. We act as suppliers of the Goods and are not manufacturers, and our liability is limited as such.
b. You acknowledge that you are over 18 years old and that you have the authority and capacity to enter into a contract with us. Employers must advise us if their staff do not have such authority. You acknowledge that you are not dealing as a consumer. If you are dealing as a consumer, you must inform one of our sales representatives as these terms may not apply to you.
c. These are the only terms that apply unless we have otherwise agreed in writing. No statements or representation made on our behalf are valid unless authorised by one of our employees/agents in writing, attached to these terms.
d. Each order to buy our products is a subject to these terms.
e. It is your responsibility to ensure that the terms of your order and any applicable specification are complete and accurate, and we will not accept liability for any errors or omissions of inaccurate specifications.
a. The products are as set out in our Customer Quotation or written order.
b. Images set out in our brochures, catalogues; price lists and website are for illustration purposes only with the sole purpose of giving an approximate idea of the products described, actual product may vary to images.
c. You will rely on your own assessment prior to order as to fitness for the purpose of the products it is up to you to take advantage of any training and testing offered to you by us.
d. Illustrations, weights, measures, performance capabilities, application suitability information and other data set out in our literature are statements of opinion and are provided for information only and form no part of the Contract.
a. All prices given on literature are given in good faith and are in pound sterling. We reserve the right to refuse any order at our absolute discretion.
b. Unless otherwise indicated, packaging for products is included in the price.
a. We deliver nationwide. Free delivery applies to orders over £500.00 to one UK mainland address, however, if we incur any additional cost or expenses on your behalf, the cost will be on the customer. This will be invoiced at the same time as for the products and subject to the same payment terms.
b. We will make every effort to deliver the products to you within the time scales indicated when you placed the order. However, the time and date of delivery are not guaranteed. You shall have no right to damages or to cancel the order for failure, for any cause, to meet any delivery time stated.
c. All goods must be examined upon delivery for obvious signs of damage if an item is found to be in not perfect condition, pictures must be taken of the product and a note must be made on the driver’s paperwork/electronic pad. If this is not possible you must add the words “damaged” to your signature. The customer must inform us within 24 hours of receipt of any damage or shortage to their order. We MUST be given an opportunity to inspect the goods before you have returned, used, resold, altered, incorporated or modified the product.
d. A signature is required upon delivery for all goods.
e. Carriers will make delivery to the door (or site) but not locations within. Deliveries to addresses with a central receiving area will be delivered to that area. Goods are delivered to the receivers address but not necessarily to the named contact. You will be responsible to provide adequate and appropriate equipment and manual labour for unloading the Goods at your expense at deliver point.
f. Should you fail to take delivery at the appointed address and time, goods may be returned to our warehouse or supplier. The costs incurred where goods are returned in relation to failed delivery attempts shall be passed on to you, the customer.
g. Failed deliveries will be charged for.
h. Deliveries required at specific times during the day will be charged extra.
i. Lead time: 3 – 5 working days for in stock items.
5. DEFECTIVE DELIVERY AND DAMAGE IN TRANSIT
a. If you fail to accept delivery (for what ever reason) or if we have agreed to a postponement in writing, or if we are unable to deliver the products on time because you have not provided appropriate instructions, documents, licences or authorisations:
i) risk in the products shall pass to you (including for loss or damage caused by our negligence);
ii) the products shall be deemed to have been delivered; and
iii) you shall be liable for all related costs and expenses (including, without limitation, storage and insurance)for storage of the products until delivery
b. Perishable products are not refundable or returnable once we have delivered (or attempted to deliver in accordance with 5.1 above).
6 Our liability is limited in accordance with the below clause.
a. If you do not make an immediate complaint to us or the Carrier, the Goods shall be deemed to have been delivered in the correct quantity and free of defects apparent on inspection.
a. Cancellation will only be accepted by us in writing and on condition that all costs and expenses incurred by us up to the time of cancellation, and all loss of profits and other loss or damage resulting to us because of the cancellation will be reimbursed to us by you forthwith.
a. The products are at your risk from the time of delivery, even if we have arranged delivery to another venue for you.
b. Ownership of the products shall not pass to you until we have received payment in full in respect of:
iii) Any other agreed upon payment.
c. You consent to granting an irrevocable license to permit our agents to enter your premises or where the products are stored and to inspect or repossess the goods at any time up to when we have received final payment or if your right to procession has terminated.
d. You may only mix the products with others or use them in the process of manufacture prior to the passing of title with our written consent (not to be unreasonably withheld) providing that you have given us suitable guarantees regarding discharge payment in full to us.
e. Your right to possession of the products terminates immediately if:
i) you breach this contract;
ii) you are unable to pay your debts;
iii) you cease to trade; or
iv) you encumber or in any way charge any of the Goods.
9. TERMS OF PAYMENT
a. Payment in full is due on placement of an order unless we have agreed to provide you with credit.
b. In the event that we have agreed to provide you with credit, you shall settle all due accounts.
c. The time for payment is of the essence. Payment is not deemed to have taken place until we have cleared funds.
d. No disputes arising under the neither contract nor delays beyond our control shall interfere with your prompt payment.
e In the event that you default on payment, we are entitled (without prejudice to any other right or remedy) to suspend all further deliveries without notice. You shall settle all outstanding balances to us on demand.
f. If you fail to pay us in full any amount due, you will be liable to pay interest on such sum from the due date for payment at the annual rate of 10% above the base lending rate from time to time of the Bank of England accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
a. Our return policies apply to goods unused and as new, in their original and undamaged packaging (external & internal) and with all instruction manuals.
b. Special order goods may not be returned unless found to be damaged or faulty upon delivery.
c. Within 7 calendar days of receiving your order, if you have an agreement with us in writing you may return the goods to us at your own cost provided they are un-damaged, un-used and in their original undamaged packaging with all instruction manuals included, you will be charged a 30% plus vat re-stocking fee for this.
d. You must arrange insurance with the courier or Post Office when returning goods to cover possible damage or loss in transit for the full value of the item.
e. If we have to replace any lost manuals or packaging, the cost of this would also become payable by you the customer.
a. Installation is included unless agreed otherwise.
b. The customer agrees to indemnify Blue Ice Machines Ltd against claims for defects caused to equipment by faulty or inadequate installation, unless installed by a member of our team.
c. A Gas Safe registered engineer as required by law must install all gas appliances, and a certificate of installation should be made available to the supplier on request.
d. A suitably qualified engineer must install all electrical equipment and a certificate of installation should be made available to the supplier on requests.
e. A suitably qualified engineer should install any equipment which is required to be connected to the mains water supply and a certificate of installation must be made available on request.
a. All goods supplied by us carry 12 months parts and labour guarantee unless otherwise stated in the product’s description on our website, in our literature or agreed in writing by us.
b. If the product is out of use for any amount of time due to repairs, we will not provide replacement or loan equipment.
c. Consumables and door seals are not covered under warranty.
d. Every effort will be made by us to handle service calls quickly, it may not be possible for service calls to be made on weekends, bank or public holidays, evenings or at a time the customer specifies.
e. If any person undertakes the supply/fitting of parts not specified by the manufacturer then the warranty may be void.
f. We will not place warranty calls if the information provided by the customer is incomplete
g. If a service call is requested during the guarantee period and the fault lies with the operation or installation and not the equipment itself then all charges relating to the call will be payable by the customer. Wear and tear of a product is not covered by guarantee, nor is damage, misuse or lack of maintenance. Maintenance includes cleaning, removing scaling, and replacement of parts after cleaning as well as replacing seals and o rings as well as all other consumables every 3 months, as instructed in the operation manual.
h. In order for a service call to be placed, we may require credit/debit card payment to book the call; this payment will be refunded if the engineer confirms that the equipment is faulty but retained as payment if the problem is with the installation or operator.
i. We reserve the right, at our absolute discretion, to charge for the call out before placing a service call.
j. We are not responsible for consequential loss or damage of any kind.
a. All warranties, conditions and other terms implied by statute or common law (save for Section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from the Contact.
b. Our total liability in contract, tort (including breach of statutory duty and negligence), misrepresentation, restitution or otherwise is limited to the Price for the Goods.
c. In the event that we are liable for Goods which are proved to our satisfaction to be faulty (fair wear and tear or damage due to misuse excepted), our liability is limited (at our option) to replacement of the Goods or repayment to you all sums paid in respect of Goods supplied PROVIDED that such fault be notified immediately upon delivery to you. Any such replacements shall include free delivery to your premises.
d. We are not liable to you or any third party for pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise in each case whether direct, indirect or consequential loss, costs, damages or expenses with respect to the supply (in part or whole) of Goods or failure to supply the Goods, or how so ever arising in connection with or arising out of this contract.
e. Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence.
14. Force majeure
a. We reserve the right to delay or reduce delivery or cancel this contract and will be not be liable for any delays loss or damage caused wholly or in part by circumstances outside our control including, but not limited to Acts of God, war, terrorism, protests, riot, civil commotion, fire, flood, epidemic, lock outs or strikes, or by any act done or not done pursuant to a trade dispute, whether such dispute involved our servants or not.
b. We shall be granted all necessary time on other indulgences necessary in the event of fire, breakdown of machinery or other circumstances beyond our reasonable control and shall not be liable for any delays loss or damage so caused.
a. Should any of the conditions herein be in conflict with those of the buyer, these conditions shall prevail. These conditions and any contract entered into shall be subject to and construed in accordance with English law.
b. Each right or remedy available to us under this contact is without prejudice to any other right or remedy available.
c. In the event that we bring legal proceedings against you for breach of these terms, you will be liable for our reasonably and legitimately incurred costs.
d. If any provision of this Contract is found by a competent Court, tribunal or administrative body to be wholly or partially illegal, void, invalid, unreasonable or unenforceable, that provision shall be severed from the remaining provisions of the Contract.