Terms

Terms and Conditions

Terms and Conditions ( A copy of these Terms are available in German on request)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of easyequipment. The collective work includes works that are licensed to easyequipment. Copyright 2003, easyequipment ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with easyequipment or purchasing easyequipment products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with easyequipment or to purchase easyequipment products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by easyequipment. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of easyequipment used in the site are trademarks or registered trademarks of easyequipment

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, easyequipment disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. easyequipment does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. easyequipment does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
easyequipment shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if easyequipment has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a easyequipment product is mistakenly listed at an incorrect price, easyequipment reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. easyequipment reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, easyequipment shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by easyequipment without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
easyequipment may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to easyequipment.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of easyequipment products) shall be in the state or federal courts located in the United Kingdom. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of easyequipment products) must be commenced within one (1) year after the claim or cause of action arises. easyequipment's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. easyequipment may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a easyequipment or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
easyequipment does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, easyequipment is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, easyequipment reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to easyequipment in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless easyequipment, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, easyequipment may link to sites operated by third parties. However, even if the third party is affiliated with easyequipment, easyequipment has no control over these linked sites, all of which have separate privacy and data collection practices, independent of easyequipment. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, easyequipment seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

TERMS AND CONDITIONS OF SALE

In these Terms and Conditions: ï¿½the Supplierï¿½ means EasyEquipment.com ï¿½the Customerï¿½ means the person ordering Goods from the Supplier. ï¿½the Goodsï¿½ means the Goods supplied by the Supplier to the Customer.

1.ORDERS 1.1 All orders are subject to these terms and conditions.1.2 The Supplier reserves the right to decline any order. 1.3 Where Goods have been specially ordered to the Customerï¿½s specification payment of 100% of the total price

is due with order and this is non-refundable. 1.4 The Customer is responsible for checking the measurements and suitability of the Goods before ordering and ensuring that they are capable of delivery to and installation in the Customerï¿½s property. 1.5 Goods are not sold on a trial basis nor on sale or return and Customers must check specifications and suitability before ordering. The Supplier does not warrant the suitability of goods for specific applications. 1.6 Goods which are a special order to be placed by the supplier to its manufacturer shall be subject to these conditions of business plus the following terms and conditions:- (i) Payment for goods ordered for specific manufacture shall be paid for in advance. (ii) No liability attaches to the Supplier for the progress of such order without full advance payment by the Customer. (iii) As supply of the Goods is dictated by the manufacturers factory ordering system the Supplier has no liability to the Customer in respect of any delay in production and supply occasioned by the manufacturer. (iv) All time estimates for delivery are thus approximate and whilst every reasonable effort will be made to comply with such estimate no responsibility for delay can be accepted if beyond the Suppliers control. (v) No refunds of any money paid for Goods to be specifically manufactured can be made as the Supplier incurs liabilities to the manufacturer upon placing the specific order for production.

2. PRICE 2.1 All prices quoted exclude VAT and installation charges; these will be added to the invoice (where applicable). 2.2 Carriage of Goods is free to mainland UK unless otherwise stated by the Supplier; carriage charges will be payable for delivery elsewhere. 2.3 The Supplier reserves the right to change the advertised price before acceptance of an order.

3. DELIVERY 3.1 The Supplier will use its reasonable efforts to deliver the Goods promptly. However the Supplier uses independent carriers and cannot guarantee time or date of delivery. If orders are placed pre 12 noon and Goods to fulfil the order are in stock then next-day delivery (except at weekends and Bank Holidays)

may be provided on request to mainland UK at a cost of ï¿½19.95 + vat per order, subject to availability of the Goods. Deliveries on Saturdays or at other specific times or locations outside mainland UK are subject to extra charges. Such charges are subject to quotation. Delivery times given are estimates only. Please allow 1 - 2 days for processing after payment. 3.2 The Customer must examine the Goods on delivery and before the carrier leaves the Customerï¿½s premises and if there is any damage the Customer must either refuse delivery or clearly specify damage on the delivery note. Otherwise the Supplier shall have no liability for any damage to the

Goods. A delivery note signed by the Customer or the person receiving the Goods means that the Customer is satisfied the Goods have been correctly delivered and are undamaged. Signing ï¿½unexaminedï¿½ is not accepted. Carriers will not allow a claim unless specific damage is noted on the delivery note when signed for by the Customer (or their agent). 3.3 (Subject to Clause 1.3) When the Customer finds he has ordered the wrong Goods then (if the Supplierï¿½s agrees) he may return the Goods on payment of a re-stocking charge of 25% of the total invoiced cost of Goods provided that they are returned intact in their original packaging and unopened and in a saleable condition. 3.4 If the buyer cancels whilst goods are still in transit an abortive delivery charge and 25% restocking charge will be levied. This Clause does not apply to any Goods specifically ordered for manufacture for the Customer where Clause 1.6 then terms only shall apply.

4. PAYMENT/TITLE 4.1 Payment for the Goods should be made either:-

(a) By cheque or credit card or bankersï¿½ draft to: EasyEquipment, PO Box 110, Stalybridge, SK15 2WU. UK; or

(b) By direct debit transfer to Nat West Bank Plc, 20 Melbourne Street, Stalybridge, SK15 2JQ Sort Code: 60-20-21 Account Number: 370 34 278 Account Name: EasyEquipment.com

4.2 Payment must be made with the order prior to delivery unless a credit account has been established by Supplier for the Customer. Delivery is subject to cheque clearance. 4.3 Where the Customer has a credit account payment is due 30 days from delivery of the Goods; interest is payable on overdue accounts at a rate of 8% per annum over the base rate of Nat West Bank Plc in accordance with the Late Payment of Commercial Debt (Interest) Act and Regulations. 4.4 Title to the Goods shall not pass to the Customer until all sums due at any time and on any account to the Supplier have been paid. In such circumstances the Customer is a mere bailee of the Goods for the Supplier until payment of all sums due. In default of payment the Supplier shall have the right to collect the Goods from wherever they are located and the Customer holds any sole Goods supplied to the order of the Supplier.

5. GUARANTEE 5.1 The Supplier undertakes to use reasonable endeavours to ensure that the Goods are supplied as advertised. The Supplier reserves the right to supply alternative Goods equivalent to those advertised or specified 5.2 The Goods are supplied at competitive prices and thus (dependent upon the price), the Goods are supplied with either:-

5.2.1 A parts-only warranty whereby the Supplier will be liable to replace defective parts within 12 months from the date of invoice of the Goods (but excluding the cost of installation of such parts) or

5.2.2 A parts and labour warranty whereby the Supplier will be liable to replace defective parts plus supplying of labour to repair the defective part within 12 months from the date of purchase of the Goods (as shown on the invoice). The Suppliers invoice will state whether the Goods are subject ï¿½to parts warranty onlyï¿½ or ï¿½parts and labour warrantyï¿½.

5.2.3 A back to base warranty, where the warranty on certain goods requires the item to be delivered to workshops for repair, the arrangement and cost of which is the responsibility of the Customer.

5.2.4 The Supplier shall carry out the warranty work as soon as practicable but shall not be required to carry out work in evenings or at weekends or on Bank Holidays 5.3 The Customer cannot claim the benefit of the warranty in Clause 5.2 unless:- 5.3.1 The Customer informs the Supplier of the defect within 7 days of discovering it; and 5.3.2 In respect of ï¿½a parts onlyï¿½ warranty the Customer either returns the defective part to the Supplier (at the Customerï¿½s own expense and risk) or (by prior agreement of the Supplier) pays for the new part and returns the defective part to the Supplier on which a refund will be made; 5.3.3 Where a ï¿½parts and labourï¿½ warranty is given, the Goods are repaired by a qualified person appointed or agreed by the Supplier and the cost of such repair is agreed beforehand by the Supplier in writing. 5.4 The warranty in Clause 5.2 & 5.4 Only covers defect caused by faulty manufacture, materials or workmanship. It does not cover defects caused by unsuitable storage conditions or processing, abnormal use, misuse or neglect or installation by unauthorised or unqualified personnel. Parts and labour warranty (where supplied) is only covered for Goods sold within Mainland UK. Goods delivered offshore and all other locations will be covered by ï¿½parts onlyï¿½ warranty. 5.4.1 Is personal to the Customer and cannot be transferred. 5.4.2 Does not apply where Goods have been removed or re-installed subsequent to first installation unless such removal or reinstallation has been carried out by a qualified person

previously authorised by the Supplier in writing. 5.5 The Supplier shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit, revenue, business, goodwill) suffered by the Customer howsoever arising whether by act or default of the Supplier or otherwise. 5.6 Loan machines are not available. 5.7 All warranties and conditions whether implied by statue or otherwise are excluded from this Contract to the extent permitted by law provided that nothing in this Contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Supplier. No liability of any kind is accepted for any oral representation of any kind by the supplier or its personnel. 5.8 In the case of Goods being exchanged during a warranty period, the Supplier reserves the right to supply refurbished equivalent Goods, which can be the same age and/or condition of the Goods being replaced. In this instance, the warranty period will continue from the date of purchase of the original item as shown on the invoice. 5.9 Goods out of warranty are subject to the Suppliers normal charges for repair (or those of their nominated sub-contractors).

6. INSTALLATION 6.1 All gas appliances must be installed by a Corgi registered engineer as required by law. 6.2 All glass and dish washers, coffee machines or other electrical appliances must be installed by a suitably qualified engineer. Glass & dishwashers, coffee machines and ice makers must be installed with a water softener in areas of hard water. Failure to do so, will result in invalidating the warranty. 6.3 All ice machines and all refrigeration equipment must be installed by a suitably qualified refrigeration engineer. 6.4 The Customer shall supply the Supplier with documentary proof of appropriate installation within 14 days of installation of theGoods, failure to do so will invalidate the warranty. 6.5 The Supplier does not effect installation of any Goods included in the published or invoiced price of the Goods. The Supplier will offer the service of its subcontractors for the purposes of installation of any Goods. All installation costs are invoiced separately either by the Supplier (if agreed to by the Supplier) or by the Suppliers sub-contractor (if negotiated between the Customer and such subcontractor). The Supplier accepts no liability of any kind for any errors in installation howsoever caused or where no proof of appropriate installation is provided within 28 days of supply. 6.6 Any engineer call out resulting from misuse, incorrect installation, hard water or other fault not covered by the manufacturers warranty will be charged for.

7. FORCE MAJEURE 7.1 The Supplier shall not be liable for any failure to deliver the Goods arising from circumstances

outside the Supplierï¿½s control. 7.2 Non-exhaustive illustrations of such circumstances would be act of God, war, riot, explosion, abnormal weather conditions, fire, flood, strikes, lockouts, Government action or regulations (UK or otherwise), delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities.

8. LEASED OR FINANCED GOODS Where Goods are supplied subject to a leasing or HP agreement: 8.1 Delivery

shall only take place once the finance company is satisfied that all the documentation has been signed and their requirements have been satisfied in all respects. 8.2 The Goods will carry a 12 month parts and labour warranty as set out in Clause 5.2 unless an extended warranty has been agreed and paid for. 8.3 The Customer is liable to pay a deposit equal to 3 months instalments which is non-refundable if for any reason the lease documentation is not completed. 8.4 If the Customer sells his business to a third party then the Supplier has no obligation of any kind to such third party unless such third party renews the warranty with the Supplier.

9. TELEPHONE CALLS Telephone calls may be recorded and used for training and/or monitoring purposes.

Calls are charged at the national rate, unless otherwise stated.

10. WAIVER No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

11. PROPERTY LAW The Contract shall be governed by and construed in accordance with the law of England.

12. WEEE Directive. To comply with WEE directive, at the end of life of equipment, the owner of equipment will contact Easyequipment, and we will under section 9-PAR2 of WEEE give a commercial rate and conditions to the owner for the safe collection and disposal by Easyequipment or our agent.