Terms of service
Terms & Conditions
Terms and Conditions: All goods supplied by McNeill Hotelware Ltd (The Company) are sold subject to the following terms and conditions.
INTERPRETATION: In these Conditions:-
‘BUYER’ means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
‘GOODS’ means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
‘SELLER’ means McNeill Hotelware Ltd registered in Northern Ireland under number 10812 whose registered office is at Maryland Industrial Estate, 286 Ballygowan Road, Belfast, BT23 6BL
‘CONDITIONS’ means the standard terms and conditions of sale set out in this document and
(unless the context otherwise requires) includes any special terms and conditions agreed in
writing between the Buyer and the Seller.
‘CONTRACT’ means the contract for the purchase and sale of the Goods.
‘WRITING’ includes texts, email and comparable means of communication.
Any reference in these Conditions to any provision of a statute shall be construed as a reference to
that provision as amended, re-enacted or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation
GENERAL: All orders are subject to these conditions of sale and the placing of an order by the buyer shall be considered as acceptance of these conditions. Special conditions may apply for goods sold via our website: www.mcneillhotelware.com, these are stated under the Terms and Conditions/Secure Shopping Section of the aforementioned website. No person has the authority on behalf of The Company to vary any condition except a Director or the Company Secretary, and then only in writing signed by a Director or the Secretary.
VALIDITY OF QUOTATION: The Company reserves the right to refuse the buyer’s acceptance of a quotation unless such a quotation is stated to be open for a specific period and is not withdrawn in such a period.
NEW ACCOUNTS: Prospective Customer wishing to open a credit account are requested to furnish 2 trade references, complete an account opening form and complete a Direct Debit mandate. Until the opening of a credit account has been confirmed a remittance should accompany the order, otherwise delivery will not be made.
SETTLEMENT TERMS: Unless agreed otherwise in writing, all transactions are based on Nett Monthly Account.
PRICES: Unless otherwise agreed all orders are executed subject to prices and any relevant discounts ruling at the date of dispatch and any price list of the Company whether published or not shall not affect the rights of The Company to charge for goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate.
CREDIT: Any contract shall be subject to the Company being satisfied as to the Buyer’s credit worthiness and without prejudice to the generality of the foregoing the Company may, in its absolute discretion having informed the Buyer that the goods are ready for delivery, refrain from delivering the goods until such time as the Buyer tenders the purchase money to the Company in a form satisfactory to The Company.
ORDERS: Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred by the Company as a result of duplication or order will be charged to the Buyer.
DELIVERY: Delivery dates are promises given in good faith by the Company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver goods at the time stated. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by The Company.
TITLE OF GOODS - RISK AND PROPERTY AND RIGHT TO ENTER AND RECOVER:
Risk of damage to or loss of the Goods shall pass to the Buyer:-
In the case of goods to be delivered at the Seller’s premises, at the time when the Seller notifies
the Buyer that the Goods are available for collection; or in the case of Goods to be delivered
otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails
to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provisions of these
conditions, the property in the Goods shall not pass to the Buyer until the Seller has received
in cash or cleared funds payment in full of the price of the Goods and all other goods agreed
to be sold by the Seller to the Buyer for which payment is then due.
Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the
Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those
of the Buyer and third parties and properly stored, protected and insured and identified as the
Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the
ordinary course of its business, but shall account to the Seller for the proceeds of sale or
otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall
keep all such proceeds separate from any monies or property of the Buyer and third parties
and, in such cases of tangible proceeds, properly stored protected and insured.
Until such time as the property in the Goods passes to the Buyer (and provided the Goods are
still in existence and have not been resold), the Seller shall be entitled at any time to require
the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to
enter upon any premises of the Buyer or any third party where the Goods are stored forthwith
take as inventory and repossess the Goods.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any
Indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does
so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or
remedy of the Seller) forthwith become due and payable.
CARRIAGE: Carriage charges are at the Companies discretion. Carriage may be applied to low value orders or for special deliveries.
RETURNS: Goods returned due to an error of the BUYER will be subject to a restocking charge of 15% of their value. Any special carriage charge agreed by the Customer on placing the order will not be refunded. Carriage costs incurred for the return of such goods shall be at the Customers expense. All returns must be in their original packaging and be returned within 30 days of Invoice date
DAMAGE IN TRANSIT AND SHORTAGES: The purchaser must examine all goods immediately on delivery and no claims for loss, damage or short delivery will be entertained unless the following action is taken. Claims for shortage or breakage must be made in writing to the Company and the carrier within 24 hours of delivery and claims for non-delivery must be made within 10 days of date of Invoice.
WARRANTY: The Company’s liability in respect of all goods supplied by it shall be limited to giving the buyer the benefit of any guarantee or warranty given by the manufacturer of such goods. The Company shall not be under any further liability howsoever arising and all conditions and warranties express or implied by or under statute custom or trade usage are hereby expressly excluded.
DESCRIPTIVE MATTER AND ILLUSTRATIONS: All descriptive and forward specifications, drawing and particulars or weight and dimension issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.
BANKRUPTCY: In the event of the Buyer committing any breach of contact with the Company or if any distress execution is levied upon the goods of the Buyer or if he offers to make any arrangement with or for the benefit of his creditors or commits an act of bankruptcy or being a limited Company has a Receiver appointed of its undertaking or assets or any part thereof or, for the purposes of a reconstruction for amalgamation without insolvency, goes into liquidation, the Company shall thereupon be entitled without prejudice to its other rights forthwith to suspend all further deliveries until the fault has been made good or to determine the contract of any unfulfilled part thereof, or at the Company’s options to make partial deliveries.
INSOLVENCY OF THE BUYER: This clause applies if:-The Buyer makes any involuntary arrangement with its creditors or becomes subject to an
Administration Order (or being an individual or firm) becomes Bankrupt of (being a company) goes into Liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
an encumbrancer take possession, or a Receiver is appointed, of any of the property or assets of the Buyer; or the Buyer ceases, or threatens to cease, to carry on business; or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
If this clause applies then, without prejudice to any other right or remedy available to the Seller,
The Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
LEGAL CONSTRUCTION: Unless otherwise agreed by the Company in writing these conditions shall in all respects by construed and operate in conformity with the applicable Laws within Great Britain and Northern Ireland.
General Data Protection Regulation (GDPR)
The laws on Data Protection are changing on 25th May 2018. As part of the new GDPR Legislation, anyone who receives emailed correspondence must agree to this.
At McNeill Hotelware Ltd our priority is keeping your data safe so we have therefore implemented some new practices to comply with the new GDPR laws.
How we protect and use your information
At McNeill Hotelware Ltd we do all we can to respect your right to privacy and the protection of your personal information. This is a summary of what we do with your information in order to run our business and provide our customers with products and service.
The information we use and where we get it from
We collect your name, billing address, contact numbers and email addresses in order to process your orders and any account you have with us. Occasionally we would collect a delivery address if different to your billing address. This information will have been given to us voluntarily by you ahead of any order you have made being fulfilled.
Your rights
You have a number of legal rights to control what we do with your information. For example, you can ask us to tell you what information we have about you and get a copy of it; correct or update information that is wrong; stop using your information in certain circumstances; stop sending you marketing material; or send some of your data to someone else for them to use.
How we use your information
We use your information solely to provide you with products and services you have requested.
Sharing your information outside of McNeill Hotelware Ltd
We will not share your information outside of our business unless otherwise ordered to by you or if we need to and we have sought your permission to do so.
Your information will not be transferred outside of the EEA or to any international organisation.
Marketing
We do not engage in any marketing lists which anyone can subscribe or unsubscribe to therefore your information has not been used this way and will continue to not be used for marketing unless otherwise informed.
How long we keep your information
We will store your information until you tell us not to if you were to set up an account. We will store a record of your order for up to three years in case we need to recall the information for any reason.
We do not store any emails exchanged between you and us.
Security
We are committed to ensuring that your information is secure with us. Your information is stored centrally on the premises with only the Office Staff having access to the facilities wherein your information may be stored.
To comply under the new GDPR regulations, we require you to give your consent for us to hold your data as of 25th May 2018.