ICARUS GRILLS LTD – TERMS & CONDITIONS OF SALE

Effective Date: [Insert Date]
Last Updated: [Insert Date]

1. Definitions and Interpretation

In these Terms & Conditions:

  • “Company”, “We”, “Us”, “Our” means Icarus Grills Ltd.

  • “Buyer” means the person, company or legal entity purchasing Goods from the Company.

  • “Goods” means any grills, equipment, parts, accessories or related products supplied by the Company.

  • “Contract” means the agreement between the Company and the Buyer for the sale of Goods in accordance with these Terms.

All orders are accepted subject to these Terms & Conditions. No variation or amendment shall be binding unless agreed in writing by a director of the Company.

2. Product Description

Whilst every effort is made to ensure that product descriptions, images, specifications and technical information are accurate, they are provided for general guidance only and shall not form part of the Contract.

The Company reserves the right to amend or improve product design, specification, materials or finish without prior notice, provided such changes do not materially affect performance.

Buyers are responsible for ensuring suitability of the Goods for their intended use prior to purchase.

3. Prices

All prices:

  • Are quoted in Pounds Sterling (£)

  • Are exclusive of VAT unless otherwise stated

  • Exclude delivery, installation and commissioning unless specifically agreed in writing

The applicable VAT rate will be charged at the rate in force at the date of invoice.

The Company reserves the right to amend prices at any time prior to order acceptance.

4. Orders and Acceptance

An order shall only be deemed accepted when the Company issues a written Order Acknowledgement or Proforma Invoice.

The Buyer is responsible for ensuring all order details, specifications and site requirements are correct.

Once production of bespoke or made-to-order Goods has commenced, the order cannot be amended without written agreement and may incur additional charges.

5. Payment Terms

Unless otherwise agreed in writing:

  • Payment may be required on a proforma basis.

  • For approved account customers, payment is due strictly within the agreed credit terms stated on the invoice.

Failure to pay within agreed terms may result in:

  • Suspension of further deliveries

  • Interest charged under the Late Payment of Commercial Debts (Interest) Act 1998

  • Recovery of legal and collection costs

The Buyer shall not withhold payment by way of set-off unless agreed in writing.

6. Delivery

Delivery shall be made to the address agreed at the time of order.

Unless otherwise agreed in writing:

  • Delivery is to ground floor only.

  • The Buyer is responsible for ensuring safe and adequate access to site.

  • Additional charges may apply for restricted access, waiting time, redelivery or failed delivery.

Whilst every effort is made to meet estimated delivery dates, time shall not be of the essence and the Company shall not be liable for delays outside its reasonable control.

The Buyer must inspect the Goods immediately upon delivery. Any shortages, damage or discrepancies must be notified in writing within 24 hours of delivery.

Failure to notify within this timeframe shall be deemed acceptance of the Goods.

7. Risk and Title

Risk in the Goods passes to the Buyer upon delivery.

Title to the Goods shall not pass until the Company has received full payment (including VAT and any additional charges) in cleared funds.

Until title passes:

  • The Buyer shall store the Goods separately and clearly identifiable as property of the Company.

  • The Buyer shall not resell, pledge or dispose of the Goods.

  • The Company may enter premises to recover unpaid Goods.

8. Installation and Commissioning

Where installation or commissioning services are included:

  • The Buyer must ensure the site is fully prepared and compliant with all relevant regulations.

  • Gas, electrical and extraction services must be installed by qualified contractors.

The Company shall not be liable for delays or additional costs arising from incomplete site preparation.

9. Returns

Returns will only be accepted with prior written approval.

Non-faulty Goods accepted for return may be subject to:

  • A restocking charge of up to 25% of the invoice value

  • Return carriage at the Buyer’s expense

Bespoke or made-to-order Goods are non-returnable unless faulty.

Risk in returned Goods remains with the Buyer until received and inspected by the Company.

10. Warranty

Icarus Grills equipment manufactured by the Company is supplied with a 24-month parts warranty from date of dispatch (or installation where agreed), subject to:

  • Proper installation by qualified professionals

  • Commissioning where required

  • Use under normal commercial kitchen conditions

  • Adherence to cleaning and maintenance instructions

The warranty does not cover:

  • Fair wear and tear

  • Misuse, neglect or improper maintenance

  • Damage caused by incorrect installation

  • Non-genuine parts

The Company’s liability under warranty is limited to repair or replacement of defective parts.

The Company shall not be responsible for removal, reinstallation, loss of business, or consequential losses.

11. Limitation of Liability

Nothing in these Terms limits liability for:

  • Death or personal injury caused by negligence

  • Fraud or fraudulent misrepresentation

  • Any liability that cannot be excluded under UK law

Subject to the above:

  • The Company shall not be liable for indirect, consequential or economic loss (including loss of profit, revenue or business).

  • Total liability shall not exceed the purchase price of the Goods under the Contract.

12. Force Majeure

The Company shall not be liable for failure or delay resulting from events beyond reasonable control including but not limited to:

  • Industrial disputes

  • Supply chain disruption

  • Government restrictions

  • War, terrorism or civil unrest

  • Natural disasters

13. Intellectual Property

All product designs, trademarks, logos, technical drawings and website content remain the intellectual property of Icarus Grills Ltd.

No reproduction or use is permitted without prior written consent.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Governing Law

These Terms & Conditions are governed by the laws of England and Wales.

The parties submit to the exclusive jurisdiction of the courts of England and Wales.

16. Consumer Rights

Nothing in these Terms affects statutory rights of private consumers under applicable UK consumer protection legislation.