Terms & Conditions
Acceptance of Orders
This website will only accept orders from pre-registered trade customers.
When e-mail confirmation of an order from the website is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order via an official order confirmation and hence a contract between us. In the case of a change of, or incorrect price, or we are no longer able to supply a particular item for some reason we will always contact you first to ensure that the price change or substitute product is acceptable to you before confirming the order.
Delivery
We use a number of different delivery systems please refer to our postcode delivery data for further details.
We reserve the right to contact you regarding shipping costs on very large or heavy items, special conditions may apply.
Any offshore or highland deliveries may incur additional charges, we will always discuss this with you prior to shipment.
VAT Charges
For all orders VAT at the prevailing rate is added where applicable.
All prices shown on this website exclude VAT.
Credit Card Security
TEFCOLD provides very high levels of internet and physical security to ensure sensitive information is never compromised.
Credit/debit card details are secured within 128-bit encrypted sessions.
Sensitive information is stored on a heavily encrypted database that is protected by multiple government-approved firewalls.
We do not hold sensitive information on our site, should anyone gain unauthorised access to the database the information they obtain will not allow them to recover credit card details or other sensitive information.
The possibility of obtaining sensitive information from our database is minimised due to high levels of encryption, firewall security and the measures taken to ensure the information is indecipherable.
Privacy Policy
TEFCOLD do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
Returns Policy
If your items arrive damaged and/or items are missing please notify us immediately by telephone and ensure this is recorded on the delivery note that the delivery driver will present.
Claims for missing/damaged items will not be accepted if the issue was not bought to our attention at the point of delivery. Signed delivery notes with customer comments such as “Unchecked” will not be accepted if a damage/missing claim is made post-delivery.
Any goods that are authorised for return may be subject to a re-stocking fee. Please do not send goods back to us without first obtaining a returns number, as we cannot be held responsible for any unauthorised returns.
Special Promotions and offers
All special promotions and offers are subject to availability, and exclude VAT. Any special offers and promotions can be withdrawn at any time without notice at the discretion of the company directors.
Full Terms & Conditions of Sale are set out below
TEFCOLD UK LTD
STANDARD TERMS AND CONDITIONS for the SUPPLY of GOODS & SERVICES
The customer's attention is drawn in particular to the provisions of condition 10.
1. INTERPRETATION
1.1 In these Conditions, the following definitions apply:
"Business Day" means a day (other than a Saturday, Sunday, public holiday or other day communicated to the Customer by TEFCOLD UK LTD when TEFCOLD UK LTD is closed for business) when banks in London are open for business;
"Conditions" means the terms and conditions set out in this document as amended from time to time in accordance with condition 14.7;
"Contract" means the contract between TEFCOLD UK LTD and the Customer for the sale and purchase of the Goods in accordance with these Conditions;
"Customer" means the person or firm who purchases the Goods from TEFCOLD UK LTD;
"Goods" means the goods (or any part of them) set out in the Order;
"TEFCOLD" means TEFCOLD UK LTD (registered in England and Wales with company number 00908993) West Meadow Rise, Castle Donington, Derby DE74 2HL;
"Order" means the Customer's order for the Goods, as set out in the Customer's purchase or the Customer's written acceptance of TEFCOLD's quotation;
"Specification" means any specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer and TEFCOLD;
"WEEE Regulations" means SI 2006/3289 The Waste Electrical and Electronic Equipment Regulations 2006.
1.2 In these Conditions, the following rules apply:
1.2.1 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.2.2 a reference to a party includes its personal representatives, successors or permitted assigns;
1.2.3 a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.2.4 any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
1.3 A reference to writing or written includes faxes, e-mails and where appropriate any online order confirmation issued by TEFCOLD.
2. BASIS OF CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification (or any specification provided by the Customer's customer) are complete and accurate. The Order shall only be deemed to be accepted and the Contract come into existence on the earlier of:
2.1.1 TEFCOLD issuing a written acceptance of the Order; or
2.1.2 TEFCOLD acting in a material manner reasonably deemed to be consistent with it having accepted the Order.
2.2 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of TEFCOLD which is not set out in the Contract.
2.3 Any samples, drawings, descriptive matter, or advertising produced by TEFCOLD and any descriptions or illustrations contained in TEFCOLD's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
2.4 A quotation for the Goods given by TEFCOLD shall not constitute an offer. All prices quoted are subject to revision or withdrawal by TEFCOLD without prior notice.
3. VARIATION/CANCELLATION
3.1 No cancellation by the Customer is permitted except where expressly agreed by TEFCOLD.
3.2 Any variation in an Order which is accepted by TEFCOLD shall entitle TEFCOLD to make an appropriate variation in the price and delivery date of the Goods.
3.3 The Customer shall in the event of agreed cancellation indemnify TEFCOLD in full against all expense and loss incurred up to the time of cancellation in accordance with the following formulae:
3.3.1 where the Customer cancels after the Goods (other than where the Goods are spare parts) have left TEFCOLD's warehouse but before they have been unpacked by the Customer or its agents a charge of 25% of the invoice value will be charged to the Customer plus any carriage charges incurred by TEFCOLD;
3.3.2 where the Customer cancels after the Goods have left TEFCOLD's warehouse and the Goods have been unpacked by the Customer or its agent then a charge of 50% of the invoice value will be charged to the Customer plus any downgrading amount necessary together with any carriage charges incurred by TEFCOLD;
3.3.3 where the Customer cancels after the Goods, those Goods being spare parts, have left TEFCOLD's warehouse then a charge of 25% of the invoice value will, regardless of whether the Goods have been unpacked, be charged to the Customer plus any carriage charges incurred by TEFCOLD,
such charges, in each case, being a genuine estimate of the cost to TEFCOLD and/or the loss in value of the Goods attributable to such cancellation.
4. GOODS
4.1 The Goods are described in TEFCOLD's catalogue as modified by any applicable Specification.
4.2 To the extent that the Goods are to be manufactured or modified in accordance with a Specification supplied or quantity required by the Customer, the Customer shall indemnify TEFCOLD against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by TEFCOLD in connection with any claim made against TEFCOLD for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with TEFCOLD's use of the Specification. This condition 4.2 shall survive termination of the Contract.
4.3 TEFCOLD reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.
5. QUALITY
5.1 TEFCOLD warrants that on delivery the Goods shall:
5.1.1 conform in all material respects with their description and any applicable Specification; and
5.1.2 be free from material defects in material and workmanship.
5.2 Subject to condition 5.4, if, during the period of 24 months from the date of delivery (the "Warranty Period"):
5.2.1 the Customer gives notice in writing to TEFCOLD within a reasonable time of discovery that some or all of the Goods are defective; and
5.2.2 TEFCOLD is given a reasonable opportunity of examining such Goods,
TEFCOLD shall, at its option and subject always to condition 5.3, repair or replace any defective parts.
5.3 The warranty in condition 5.2 shall apply to parts only and shall not cover:
5.3.1 labour save where the Customer has paid for an optional labour warranty from TEFCOLD;
5.3.2 fabrication or cosmetic items not notified at the time of delivery;
5.3.3 shelves, baskets or fish trays;
5.3.4 light bulbs or tubes, gaskets; and
5.3.5 consumable items and breakables,
further details of TEFCOLD's 2 year parts warranty are available online or by request.
5.4 TEFCOLD shall not be liable for the Goods' failure to comply with the warranty set out in condition 5.1 in any of the following events:
5.4.1 the Customer makes any further use of such Goods after giving notice in accordance with condition 5.2;
5.4.2 the defect arises because the Customer failed to follow TEFCOLD's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods in respect of which it is the Customer's responsibility to ensure that it is in receipt on delivery or otherwise or (if there are none) good trade practice regarding the same;
5.4.3 the defect arises as a result of TEFCOLD following any drawing, design or Specification supplied by the Customer;
5.4.4 the Customer alters or repairs such Goods without the prior written consent of TEFCOLD;
5.4.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
5.4.6 the Goods differ from their description or any applicable Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
5.5 Except as provided in this condition 5, TEFCOLD shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in condition 5.1.
5.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
5.7 These Conditions shall apply to any repaired or replacement Goods supplied by TEFCOLD.
5.8 TEFCOLD may but shall be under no obligation to pass to the Customer the benefit of any manufacturer's guarantee and shall have no liability should it elect not to do so.
6. DELIVERY
6.1 TEFCOLD shall deliver the Goods to the location set out in the Order or such other location as the parties may agree ("Delivery Location") at any time after TEFCOLD notifies the Customer that the Goods are ready. Where the Delivery Location is anywhere other than TEFCOLD's premises the Customer shall be responsible for providing proper unloading facilities (including adequate plant and labour) and storage facilities.
6.2 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location. TEFCOLD shall not, unless expressly agreed in writing to the contrary, have any responsibility or liability in respect of any subsequent transportation or movement of the Goods.
6.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. TEFCOLD shall not be liable for any delay in delivery of the Goods that is caused by an event beyond its reasonable control or the Customer's failure to provide TEFCOLD with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods ("Customer Default"). If the Customer fails to take delivery on the agreed delivery date or delivery is delayed by virtue of Customer Default then TEFCOLD shall be entitled to charge the Customer an abortive delivery fee and/or redelivery costs of the Goods.
6.4 If TEFCOLD fails to deliver the Goods, its liability shall be limited to the costs and expenses reasonably incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
6.5 TEFCOLD may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
6.6 The Customer may reject any Goods delivered to it that do not comply with condition 5.1, provided that:
6.6.1 notice of rejection is given to TEFCOLD:
(a) in the case of a defect that is apparent on normal visual inspection, within 2 days of delivery;
(b) in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and
6.6.2 none of the events referred to in condition 7.3 apply.
6.7 If the Customer fails to give notice of rejection in accordance with condition 6.6.1, it shall be deemed to have accepted the Goods.
7. TITLE AND RISK
7.1 The risk in the Goods shall pass to the Customer on completion of delivery. Title to the Goods shall not pass to the Customer until TEFCOLD has received payment in full (in cash or cleared funds) for:
7.1.1 the Goods; and
7.1.2 any other goods or services that TEFCOLD has supplied to the Customer in respect of which payment has become due.
7.2 Until title to the Goods has passed to the Customer, the Customer shall:
7.2.1 hold the Goods on a fiduciary basis as TEFCOLD's bailee;
7.2.2 store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as TEFCOLD's property;
7.2.3 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
7.2.4 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
7.2.5 notify TEFCOLD immediately if it becomes subject to an insolvency event; and
7.2.6 give TEFCOLD such information relating to the Goods as TEFCOLD may require from time to time,
but the Customer may resell or use the Goods in the ordinary course of its business.
7.3 If before title to the Goods passes to the Customer the Customer becomes subject to an insolvency event, or TEFCOLD reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy TEFCOLD may have, TEFCOLD may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
7.4 The Customer shall ensure that if the Goods are or become affixed to any land or building they shall be capable of being removed without material injury to such land or building and to take all necessary steps to prevent title in the Goods passing to the landlord (if any) of such land or building. The Customer undertakes to repair and make good any damage caused by the affixation of the Goods to or their removal from any land or building and shall indemnify TEFCOLD against any liability in respect of any damage caused to vehicles or premises in such repossession and removal being damage it was not reasonably practicable to avoid.
8. PRICE AND PAYMENT
8.1 The price of the Goods shall, subject to any variation in accordance with these Conditions, be the price set out in the Order (or as otherwise stated in writing by TEFCOLD prior to dispatch), or, if no price is quoted, the price set out in TEFCOLD's published price list in force as at the date of delivery. The price of the Goods is exclusive of VAT unless expressly stated to the contrary.
8.2 TEFCOLD may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
8.2.1 any factor beyond TEFCOLD's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
8.2.2 any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
8.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give TEFCOLD adequate or accurate information or instructions.
8.3 TEFCOLD may:
8.3.1 where the Customer is an approved account holder, invoice the Customer for the Goods on or at any time after the completion of delivery and the Customer shall pay the invoice in full and in cleared funds within 30 days of the date of the invoice;
8.3.2 where the Customer is not an approved account holder, require payment in cleared funds in advance of delivery,
time of payment is in any event of the essence.
8.4 If the Customer fails to make any payment due to TEFCOLD under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount. The Customer shall indemnify TEFCOLD against any liabilities, costs and expenses (including reasonable legal expenses and court fees) incurred by TEFCOLD in pursuit of any overdue payment.
8.5 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding. TEFCOLD may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by TEFCOLD to the Customer.
8.6 TEFCOLD reserves the right at any time at its sole discretion to demand security for payments before continuing with any Order or delivery of any Goods.
9. CUSTOMER'S INSOLVENCY OR INCAPACITY
9.1 If the Customer becomes subject to an insolvency event or TEFCOLD reasonably believes that the Customer is about to become subject to an insolvency event and notifies the Customer accordingly, then, without limiting any other right or remedy available to TEFCOLD, TEFCOLD may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and TEFCOLD without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.
9.2 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination. Conditions which expressly or by implication survive termination of the Contract shall continue in full force and effect.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Conditions shall limit or exclude TEFCOLD's liability for:
10.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
10.1.2 fraud or fraudulent misrepresentation;
10.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;
10.1.4 defective products under the Consumer Protection Act 1987; or
10.1.5 any matter in respect of which it would be unlawful for TEFCOLD to exclude or restrict liability.
10.2 Subject to condition 10.1:
10.2.1 TEFCOLD shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
10.2.2 TEFCOLD's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1,000,000 or the price of the Goods whichever is the lesser.
11. WEEE REGULATIONS
11.1 Future WEEE
TEFCOLD sells products either retaining the producer's obligations under the WEEE Regulations or with our Customer taking on those responsibilities. In either case the customer must clearly state which of these options he requires and this must be documented. TEFCOLD will confirm this option on its order acceptance. The Customer hereby agrees to disclose this agreement to any subsequent purchaser(s) of the Goods, as required by the WEEE Regulations.
11.2 Historic WEEE
The Customer agrees to absolve TEFCOLD from its obligations under the WEEE Regulations which require TEFCOLD to be responsible for financing the collection, treatment, recovery and environmentally sound disposal of any product supplied before 13th August 2005, where a similar new product is being purchased. TEFCOLD will undertake the collection, treatment, recovery and environmentally sound disposal of any product supplied before 13th August 2005 (or outside the scope of the WEEE Regulations) subject to payment of its current disposal fees.
12. PROTECTION OF INTELLECTUAL PROPERTY
12.1 If the trademarks, trade names, know-how, copyrights, design rights, goodwill, patents and all other proprietary rights (the "Intellectual Property") arising out of or existing in or upon the Goods or the documentation referred to in condition 2.3 are the property of TEFCOLD (or its suppliers). The Customer shall not cause or permit anything which may damage or endanger TEFCOLD's Intellectual Property or TEFCOLD's title to it nor assist nor allow others to do so and shall maintain as confidential both during the Contract and at all times thereafter the information relating to TEFCOLD and the Intellectual Property.
12.2 The Customer shall notify TEFCOLD of any suspected infringement of the Intellectual Property.
12.3 The Customer shall not tamper with any markings or name plates or other indications of the source of origin of the Goods which may be placed by TEFCOLD or its suppliers on the Goods.
12.4 Intellectual Property which is the property of TEFCOLD is licensed on a non-exclusive basis to the Customer but such license shall automatically be revoked in the event that the Customer suffers an insolvency event apply and in the event that payment is not made in accordance with the Contract.
13. FORCE MAJEURE
13.1 TEFCOLD shall not be liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances TEFCOLD shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 3 months, then either party may terminate the Contract by giving 10 days' written notice to the other party.
14. GENERAL
14.1 TEFCOLD may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of TEFCOLD.
14.2 Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this condition, and shall be delivered personally, sent by pre-paid first class post, or other next working day delivery service, commercial courier, fax or e-mail.
14.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in condition 14.2; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
14.4 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
14.5 A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
14.6 A person who is not a party to the Contract shall not have any rights to enforce its terms.
14.7 Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by TEFCOLD.
14.8 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).