Used Kitchen Hub Terms and Conditions of Sale

October 2016

Used Kitchen Hub Unit 43 Wenta Business Centre, Colne Way, Watford, Herts, WD24 7ND (the Agent)

The Agent advertises the sale of kitchens and or kitchen equipment (“the Goods”) on behalf of other businesses or private individuals (“the Vendor”).

The Agent is appointed by the Vendor to sell Goods to the Purchaser. The Sale of the Goods will be in accordance with these terms and conditions. If the Purchaser does not accept these terms and conditions, (“Terms and Conditions of Sale”) the Purchaser will be unable to purchase the Goods.

1. Obligations

The Agent

  • The Agent will organise a viewing of the Goods when requested by the Purchaser.
  • The Agent will facilitate the sale of the Goods between the Purchaser and the Vendor.
  • The Purchaser understands that the Agent is paying the Vendor on the Purchaser`s behalf, unless otherwise specified.
  • The Agent provides such details and information of the Goods as communicated to the Agent by the Vendor to give an overview of the type, quality and condition of the Goods. The Agent endeavours to ensure the accuracy of information that describes the Goods detailed. However, the Agent cannot warrant the accuracy of this information.
  • Co-ordinate the collection of the Goods between the Purchaser and Vendor.

The Purchaser

  • The Purchaser warrants that it is legally able to enter in to this contract and is over eighteen years of age.
  • On receipt of payment from the Purchaser to the Agent, unless otherwise specified, the Purchaser permits the Agent to make payment to the Vendor on the Purchaser`s behalf, unless otherwise specified.
  • The Purchaser will inspect the Goods to confirm the condition, completeness and working order of the Goods prior to placing an order for the Goods.
  • Will collect the Goods on the agreed collection date.
  • The Purchaser to check the Goods at Collection, any discrepancies against the sale
    information need to be highlighted and resolved with the Vendor prior to transportation.
    Goods cannot be returned once collected.
  • Agrees to allow contact information to be passed to the Vendor.

Collection of the Goods by the Purchaser must take place as agreed at the point of sale. The Agent shall be entitled to repudiate this agreement on behalf of the Vendor if the Purchaser fails to collect the Goods as agreed.

2. Prices and Payment

A 30% deposit of the total price of the Goods (“the Deposit”) is to be received to secure the sale of the Goods. Payment of the Deposit is to be made by bank transfer only; no other payment method is acceptable. The Deposit is non-refundable. Full payment for the Goods is required to be received no later than 14 days before collection of Goods by the Purchaser or an alternative date that is agreed between the parties. Such payment is to be made by bank transfer only; no other payment method is acceptable. (Note, please allow time for bank transfer of payment). If the Purchaser fails to make payment for the Goods in full in accordance with these terms, The Agent acting on behalf of the Vendor, is entitled to terminate this contract and keep the Deposit.
The Agent may alter the price of the Goods at any time prior to payment of the deposit of the Goods

3. Disclaimer

The Agent may at any time prior to collection of the Goods withdraw the sale.

4. Dispute

If a dispute arises during the sale of the Goods, the referring party is required to issue the dispute in writing to the Agent prior to any other dispute resolution method. The Agent will advise of its decision within seven days as the sole Arbitrator, such decision shall be fair and reasonable and will be final and binding on all parties concerned.

5. Default and Limitation

All guarantees, warranties and associated remedies stated in this agreement are exclusive. No other guarantees or warranty, whether written, oral or implied or inferred from any course of dealing or usage or trade shall apply. Except as expressly and specifically provided in this agreement, all guarantees warranties and other terms implied by statute and or common law are, to the fullest extent permitted by applicable law, excluded from this agreement (including those of merchantable, satisfactory quality, fitness for a particular purpose, title and non- infringement
Save for those liabilities which cannot be excluded by law, notwithstanding any other provision of this agreement the Agent’s maximum aggregate liability arising out of or in connections under this agreement whether in contract, tort (including negligence) or any other statutory liability shall not exceed 10% of the price for the Good.

The Agent shall not be liable for any indirect and/or consequential loss or damage, including but not limited to or any loss of income, profits, goodwill, data, contracts, loss of use or production, loss of bargain.

6. The law

The Contract shall be governed by English law and the parties hereby expressly submit to the exclusive jurisdiction of the English Courts.