Terms & Conditions of Sale
These terms and conditions apply to all orders for products offered by Buttress Group Limited t/a Maidaid (company number 03589264) (“Maidaid”, “we”, “us”) by means of catalogues, our website or otherwise and we reserve the right to change these terms and conditions without prior notice. Unless expressly agreed in writing by an authorised signatory of Maidaid, these terms and conditions apply to the exclusion of all other terms. By purchasing from us, you agree to and accept these terms and conditions.
Where to find information about us and our products
You can find everything you need to know about us and our products on our website (www.maidaid.co.uk), from our sales literature or sales team before you order. Information is also available from our sales team about whether or not a product is in-stock. We will use reasonable efforts to make sure such stock information is accurate but we will not be liable for any errors. We also confirm key information to you in writing after you order by email.
Orders
We will always contact you to confirm that we've received your order and to confirm when we've accepted it. You will receive an automated acknowledgement from our third party software provider Netsuite upon the processing of your order, our acceptance of your order will take place when we e-mail you with the sales order confirmation, at which point a contract will come into existence between us. We reserve the right to reject orders for any reason. This could be because:
- the product is out of stock or has been discontinued;
- we have not been able to locate the delivery address or it is outside the UK;
- we made an error in the product description or product price; or
- any other reason.
If we reject your order, we will inform you as soon as possible and you will be entitled to a full refund of any sums you have already paid in relation to the purchase.
We will inform you when your product has been dispatched. You can cancel your order at any time prior to dispatch, and claim a refund of any sums you have already paid in relation to the purchase. However, where a product has been specially ordered for you or it has been made to your specifications or otherwise customised for you, you will be subject to our cancellation charges, details of which shall be provided when you notify us you wish to cancel the order. These cancellation charges may vary from 25% to up to 100% of the order value; depending on the stage of production of the product at the time of cancellation.
If you are entitled under these terms and conditions to cancel or amend your order, you must confirm such cancellation or amendment to us by email.
Charging and VAT
All of our prices are subject to change without prior notice. For out-of-stock products, prices may change for reasons beyond our control. We therefore reserve the right to make changes to your order for out-of-stock products. We will inform you of any change in price which occurs after we have accepted your order, and you will be entitled to cancel your order and claim a refund of any sums you have already paid in relation to the purchase.
We will charge you when we accept your order. Unless otherwise stated, all our prices are exclusive of Value Added Tax, and any ancillary costs (including but not limited to loading, carriage, insurance, import/export licences or fees, taxes and customs duties) which are not expressly stated in our order confirmation are not included.
We may, at our sole discretion, allow customers to purchase up to a pre-agreed credit limit and pay on individual payment terms. Any credit limit can be withdrawn by us at any time. If we are withdrawing your credit limit, we will notify you in advance. If an order is placed which would exceed your agreed credit limit with us, that order will not be accepted and will instead be placed on hold while we review your account. If we place your order on hold for this reason, we will notify you. We reserve the right to charge default interest on any unpaid purchase price from the due date until the date of payment at a rate of 3% per annum above the base rate of National Westminster bank Plc.
Delivery
With the exception of select products (including but not limited to Rack/Flight, Pot/Utensil washers and modular icemakers or products that have been specially ordered, made to your specifications or otherwise customised (“Excluded Items”)) and unless otherwise stated, quoted prices include UK mainland kerbside delivery. Prices for express delivery, specified delivery times and delivery of Excluded Items will be provided on request, subject to availability.
We will inform you of the estimated date of delivery at the point your order is accepted. Maidaid will not be liable for any consequences of failure in achieving an estimated delivery date or time. Insofar as it can be limited by law, any compensation for late delivery will be capped at the delivery charges. Time for delivery is not of the essence, and Maidaid will be entitled to deliver your product up to 90 days after the estimated delivery date.
Unless otherwise agreed, if you have not received your product(s) within 14 days of receipt of our invoice you must notify us in writing of such non-receipt. If you fail to do so, Maidaid reserves the right to charge you for additional delivery costs and you forfeit any right to a refund of delivery charges already incurred.
If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and take reasonable steps to reduce or mitigate the delay. You will not be entitled to compensation for the delay, but as long as the product has not been dispatched, you can cancel the order by contacting our Customer Services Team and you will be refunded any sums you have already paid in relation to the purchase. Our Customer Services Team can be contacted at:
- Telephone: 0345 130 8070
- Email: sales@maidaid-halcyon.co.uk
We may charge you additional sums for redelivery if you provide inaccurate or incomplete delivery information, or you don't give us information we have requested about how we can access your property for delivery. If we have been unable to deliver or you have not accepted delivery of any product(s) for more than three months, we reserve the right to cancel your order by giving you notice in writing, and refund any charges you have paid (excluding any costs of attempted deliveries which were unsuccessful in whole or in part due to your acts or omissions).
Risk in the product(s) will pass to you upon delivery. Title in the product(s) shall not pass to you until payment has been received by us in full for the product(s). Before title in the product(s) has passed to you, you must take all reasonable precautions to protect the product(s) from damage or loss arising from any cause.
Before title has passed to you and without prejudice to any of our other rights and to the extent permitted by law, if:
- you make any voluntary arrangement with your creditors or become subject to an administration order or go into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
- an encumbrancer takes possession of or a receiver is appointed over any of your property or assets;
- you cease, or threaten to cease, to carry on your business, or Maidaid reasonably apprehends that any of the events mentioned above is met in relation to you and notifies you accordingly; or
- you are in breach of any of your payment obligations in respect of the product(s),
then Maidaid shall have the right to recover or re-sell the product(s) and may enter upon your premises (itself or by its servants or agents) for that purpose and in respect thereof.
From the date of delivery until the date on which title in the product(s) passes to you, you are required to keep the product(s) insured in the amount of the price at which the product(s) are sold to you against loss, damage and theft (“Insured Risks”). If the product(s) are destroyed by an Insured Risk prior to the same being paid for by you, you shall receive the proceeds of any such insurance as trustee for Maidaid.
Products, Service Specification and Suitability
A product specification, description or guide to suitability will, to the best of our knowledge, be correct at the time of publication. Images in any publication or website are for illustrative purposes only. A product's true appearance (e.g. colour) may not exactly match that shown on your device or in our marketing materials and its packaging, where shown, may be slightly different. Maidaid will not be liable for any error or inaccuracy in the information provided in any product specification, description or guide to suitability. While we will use reasonable efforts to ensure our products are of good quality and free from defects, we make no guarantees as to the suitability or fitness for purpose of any product. This will be your responsibility. We strongly recommend that all products are fitted by a technician qualified in an appropriate discipline. Maidaid will have no liability for any damage caused by the fitting of items. Products may be sourced from different manufacturers. We apply our own item codes to products for this reason. Insofar as we are legally entitled to do so, the terms implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 are excluded from this contract.
Damage, Defects, Discrepancies and Our Liability
It is your sole responsibility to inspect product(s) immediately upon delivery. In the unlikely event that a product supplied by us is visibly damaged or defective, you must notify us in writing of the damage or defect at the time the product is delivered either by detailing the damage and/or defects on the delivery note or otherwise providing a written record of damage at the point the product is signed for. We must be given a reasonable opportunity to inspect the product(s) and assess the damage and/or defect(s). If you fail to do either notify us of the damage or defect at the time of delivery or to allow us an opportunity to inspect the product(s), you will be deemed to have accepted the product(s) and such acceptance shall serve as confirmation that the product(s) was/were delivered materially in accordance with the relevant specifications. Following acceptance of the product(s) in accordance with these terms and conditions, you will have no further right to reject the product(s) or recover any losses in respect of damage or defects
Any discrepancy between the volume of product(s) ordered and the volume delivered must be notified to us in writing within two working days (being any day which is not a Saturday or a Sunday or a public holiday in England). Failure to notify us of a volume discrepancy or any product defects in accordance with this section shall, insofar as permitted by applicable law, void any future claims arising out of such volume discrepancy.
If the product supplied to you has damage or a defect which is not visible on inspection, you may be entitled to recourse under the manufacturer’s warranty. Warranty conditions sets out how such warranty cover operates.
Notwithstanding the foregoing, our total aggregate liability in respect of damaged or defective product(s) shall not exceed the price actually paid (including any delivery charges) by you to us for the damaged and/or defective product(s). We will not be liable for any loss or damage whatsoever, whether direct, indirect, consequential or otherwise, arising out of any damage to or defect in any product(s), save for where such loss or damage is the direct result of our acts or omissions.
Returns
If you wish to return your product for any reason (including but not limited to that the product is faulty), please contact our Customer Services Team stating your reason for wishing to return the products and requesting an Authorised Returns (AR) form within seven days of delivery. The form will have a unique AR number. All goods must be returned within 14 days of the date the AR form is issued, in packaging clearly marked with the unique AR number and the words “Maidaid Returns Warehouse”. We reserve the right to refuse returned goods if:
- they are returned without a valid AR form;
- they are insufficiently packaged such that, in our reasonable opinion, they could have been damaged in transit; or
- they have been modified in any way prior to return.
You are responsible for the cost of returning the product to us. If you wish to return your product for any reason which is not our fault, a minimum restocking fee of 15% of the price of the product will apply. Where the product is returned to us in a damaged or unsuitable condition (including but not limited to missing parts) the restocking fee will be increased to reflect the condition of the product. The restocking fee will be deducted from your refund of the product.
Where the reason given for returning a product is that the product is damaged or faulty or the product is not what you ordered, we will refund any reasonable and evidenced postage and packing costs. If your products are damaged at the point of delivery, it is your responsibility to inform our Customer Services Team by email within two working days (days which are not Saturdays, Sundays or public holidays in England) and return the products in their original packaging where reasonably possible.
All refunds include any delivery costs you have paid.
Exports
Unless otherwise agreed by us in writing, exported products are not sold subject to these terms and conditions. If you wish to purchase goods from outside the United Kingdom, please contact our Customer Services Team.
Disputes
- Complaints: Our Customer Service Team will do their best to resolve any problems you have with us or our products. You can find our Complaints Policy Here.
- Making a Court Claim: These terms are governed by the law of England & Wales and subject to the exclusive jurisdiction of the English and Welsh courts.
Other Key Terms
- We have the right to transfer our contract with you, so that a different organisation is responsible for supplying your product.
- You do not have any right to transfer your contract with us to any other person without our consent.
- Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign off on ending or changing it.
- If a court invalidates some of this contract (and decides that any of these terms are unlawful), the rest of it will still apply.
- Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
- Our products are supplied to a standard configuration unless otherwise requested upon placing an order. We are not responsible for any modifications which you make to the product once delivered and you acknowledge that any such modifications may invalidate any warranty given.
- If our supply of a product is delayed by an event outside of our control, such as (but not limited to) acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, strikes or industrial action by third parties, terrorist attack or threat of terrorist attack, war or threat of war, civil commotion, riot, invasion, or failure of public or private telecommunications networks; we will contact you as soon as possible via email to let you know and do what we can to reduce the delay. As long as we so this, we won’t have any liability to compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Services Team to end the contract and receive a refund for any products you have paid for, but not received, less reasonable costs we have already incurred.