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Terms of Trading – SML Catering
A Division of Southern Medical Ltd.
West Portway Industrial Estate
- Application Of Terms
- Age Related Products
- Force Majeur
1.1 In these conditions the following words have the following meanings. The Buyer: the person(s), firm or company who purchases the Goods from the Company; The Company: SML Catering Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions; Delivery Point: the place where delivery of the Goods is to take place under condition 4: Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any parts of them)
1.2 In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statue or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3 In these Conditions references to the masculine includes the feminine and the neuter and to the singular includes the plural and vice versa as the context admits or requires.
1.4 In these Conditions headings will not affect the construction of these Conditions.
2. Application of Terms
2.1 Subject to any variation under conditions 2.3 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 These Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of this Company.
2.3 No order placed by the Buyer, shall be deemed to be accepted by the Company until the Company delivers the Goods to the Buyer. The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
2.4 Any quotation is given on the basis that no contract will come into existence until the Company dispatches the Goods to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
2.5 Applying for credit facilities or placing an order with the Company is taken as authorisation for the Company to approach third parties for credit information.
2.6 The Company may assign this contract, or any claims arising therefore, to third parties without the buyers' consent.
3.1 The description of the Goods shall be as set out in the Company’s Web Page and Catalogue.
3.2 All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
4.1 The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
4.2 The Company shall not be liable for any non-delivery of goods (even if caused by the Company’s negligence) unless written notice is given to the Company within 7 days of the date when the Goods would in the ordinary course of events have been received.
4.3 Any liability of the Company for non-delivery of the goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro-rata contract rate against any invoice raised for such goods.
4.4 If any goods received by the Buyer have been damaged upon delivery, the Buyer must inform the Company of such damage within 24 hours of delivery.
4.5 For large machinery or refrigeration, where a delivery attempt has been made and failed due to customer error, a subsequent delivery charge may be made.
5. Age Related Products
5.1 Where the law requires a minimum age limit for the purchase of specific goods, the Buyer must confirm that they are over the required age limit. The Company reserves the right to cancel the Buyers order if the Company believes that the Buyer is not legally entitled to buy certain goods.
6.1 Samples that are not returned to the Company must not be sold on by the Buyer.
7.1 The price payable for the Goods you order is as set out in our web site at the time you place the order or, if you order the Goods from one of our catalogues, as set out in the catalogue from which you order provided it is a current catalogue. The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to loading, unloading, carriage and insurance all of which amounts the Buyer will pay in addition when it is due to pay for the Goods.
7.2 The Company reserves the right to change the advertised price at any time.
8.1 Payment must be received for the whole of the price of the Goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing. If you are an account customer, payment shall be made in full within 30 days of the date of invoice, time shall be of the essence for payment. Credit Facilities may be revoked at the absolute discretion of the Company, all outstanding balances will be payable immediately.
8.2 No payment shall be deemed to have been received, until the Company has received cleared funds.
8.3 The Buyer shall make all payments due under the Contract without any deductions whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
8.4 If the Buyer fails to pay the Company any sum due pursuant to the Contract the Buyer will be liable to pay interest to the Company of such sum from the due date for payment at the annual rate of 8% above the base lending rate. This will be accruing on a daily basis until payment is made whether before or after any judgment.
8.5 All unpaid cheques returned by the bank will have an Administration fee of £25.00 levied to the account.
8.6 Unless otherwise agreed payment is required prior to delivery of the goods. For so long as any amount to be paid for goods remains owing to The Company, goods will remain with The Company and will not pass to The Customer until the full payment has been received, subsequent orders and deliveries will be refused until such payment is received.
8.7 Full, legal and beneficial ownership shall not pass to The Customer until The Company has received cleared funds for all monies due.
8.8 Until such time that the full ownership passes to The Customer, goods should be identified as the property of The Company, be stored separately from goods owned by The Customer, and must be properly stored, protected and insured.
9.1 Goods supplied by the Company are guaranteed in accordance with the terms of the manufacturer’s warranty provided with the goods or for 1 year if not stated with the goods. The warranty applies to U.K. Mainland only and does not apply to goods that have not been paid for in full. If any Company product proves defective within one year of purchase we will repair it at no cost to you.
10. Force Majeur
10.1 The Company shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including without limitation, strikes, lockouts and other industrial disputes).
19.1 The Customer is responsible for deciding on the suitability of goods.
19.2 As a result of continuing product development and improvement, the specification or design of goods may vary from that shown.
19.3 Telephone calls may be recorded and used for training and/or monitoring purposes. All errors and omissions excepted. All trademarks acknowledged.
19.4 In addition to the rights and remedies of the Company expressed herein, the Company shall have the rights and remedies conferred by law, and shall not be required to proceed with the agreement it the Buyer is in default in the performance of this, or any other agreement with the Company.
19.5 The Company reserves the right to sub-contract any order or part of an order.
19.6 Any clerical errors or omissions contained by the Company's quotation, acknowledgement or invoice shall be rectified by the Company on discovery and immediately notified to the buyer, such errors or omissions shall be binding on the Company and the rectification thereof shall not invalidate the contract.
19.7 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
19.8 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
19.9 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
19.10 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
19.11 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
19.12 The formation, existence, construction, performance, validity and all aspects of the Contract, shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.
12.1 Any dispute arising out of the contract, including the construction or interpretation of its provisions shall be settled by a single arbitrator appointed by agreement the parties or failing such agreement by the president of the law society of England and Wales, at the request of either party. This shall be deemed to be a submission to arbitration within the meaning of the arbitration act 1950, or any statutory be-enactment or replacement thereof.
12.2 You request and authorise us to rely and act upon all apparently valid communications as instructions properly authorised by you, even if they may conflict with any other instructions given at any time concerning contracts, services and all other requirements.
13. Disclaimer - use of this website:
13.1 Accuracy of information. The Company uses its best endeavors to ensure that the information contained on its website and publications is accurate and not misleading. Accordingly The Company reserves the right, without obligation, to amend or delete product information without notice.
13.2 Passwords. On registration The Customer will be required to submit a password which is needed to access their account. The Customer will be responsible for the security of this password and The Company advises that The Customer does not disclose it to third parties and that The Customer changes it on a regular basis. The Company will not be liable for any loss resulting from the misuse of The Customer’s password.
13.3 Customer use. The information provided on this website is intended to be used only by The Customer. The Company does not authorise the use of such information for any purpose other than The Customer’s use as immediate consumer, and prohibits to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
13.4 Copyright. All website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials on this site are the property of The Company. All rights are reserved.
13.5 Trademarks. The Company owns the trademark and "SML Catering" logo. Other product and company names mentioned on this website are or may be the trademarks or registered or unregistered trademarks of their respective owners.