Supplier of Commercial Juicers, Commercial Coffee Machines & Commercial Blenders
In this Agreement,
the “Customer” means any person who places an Order with Cruz (either as a private individual, non-incorporated partnership or a registered business);
means any items sold or supplied by Cruz under an Order;
means Cruz the juice Ltd, a company incorporated in England with company number 4556134 and the registered address is Unit 1 Cobbett Park, 22-28 Moorfield Road, Guildford, Surrey GU1 1RU.
means any request or order (via phone, email, web order) to purchase the Goods, and;
refers to the Customer and Cruz
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement except where changes are made & agreed by the Parties concerned.
1.2 Any Order is subject to acceptance by Cruz and Cruz is not obligated to accept an Order or to justify refusal of the same. Receipt of payment for Goods by Cruz does not in itself constitute acceptance of the Order by Cruz.
1.3 Cruz may vary the terms and conditions of this Agreement from time to time & list the new terms and conditions on the Cruz website.
2. Goods being Sold
2.1 Description of the Goods listed on the Cruz website is shown in good faith & is based on the manufacturer’s description and specification of those Goods.
2.2 Goods ordered may be substituted with the latest model being of comparable or better quality and subject to the Customer’s approval before delivery.
2.3 If any Goods are unavailable or out of stock then Cruz may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, Cruz may vary the Order with the Customer’s approval.
2.4 The Customer placing the Order must be over 18 years of age.
3. Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on the Cruz website at the time of the Order & Cruz reserves the right to update prices without prior notice. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pounds Sterling.
3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”) and will be charged where applicable at the current rate.
3.3 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Cruz shall be under no obligation to honour the incorrect price or Order.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the Cruz website. Cheques and cash usually require a minimum of 6 working days to clear & before release or delivery of the Goods can be made. Cruz reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled. Any payments returned unpaid by a bank will be subject to an administration fee of £20.00.
3.5 The Customer recognises the Goods remain the property of Cruz until payment is made in full & consents & permits Cruz’s servants & agents to repossess the Goods due to non-payment. The repossessed Goods will be stored by Cruz where practical until full payment is made or sold elsewhere if the Customer’s right to possession has terminated. Storage costs will be charged to the Customer according to the duration of storage and size of the Goods.
3.6 Cruz reserves the right to charge interest at 8% above the base lending rate of the Bank of England calculated monthly on late or overdue payments by the Customer.
4.1 Full delivery prices and options are listed on the Cruz’s website and may be subject to change from time to time.
4.2 Deliveries will usually be performed the next working day (excluding bank / public holidays) for orders placed before 12.00pm the previous working day. If the Order cannot be delivered next day then delivery will usually be completed within 5 days.
4.3 Deliveries outside UK mainland or exports will be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
4.4 Cruz will use reasonable endeavours to meet delivery estimates in all cases however Cruz cannot be held liable for any inconvenience or financial loss direct or consequential due to delay in delivery.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question.
4.6 Goods delivered are used, stored and installed at the Customer’s own risk and Cruz will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Cruz to the Customer before delivery.
5.1 Goods are guaranteed against defects in accordance with the terms of the manufacturer’s warranty or for 1 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at Cruz’s discretion. Parts and labour under this warranty are guaranteed within the UK mainland only.
5.2 Goods that are missing from delivery or damaged in transit must be reported to Cruz within 24 hours.
5.3 The warranty in this Clause 5 does not apply to any defect in the Goods caused by the Customer’s failure to use the goods according to their normal intended purpose or failure to adhere to the manufacturer’sinstructions regarding operation, cleaning & maintenance. Goods listed as ‘light-duty’ should not be used as a substitute for heavy-duty use. Engineer call-outs and repairs carried out on non-warranty faults or defectswill be subject to further charges . No Goods will be sold on a ‘sale or return’ basis. Cruz may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without Cruz’s prior approval.
5.4 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.
6.1 Cruz reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
6.2 Cruz reserves the right to cancel any Order and/or terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 Cruz reserves the right to suspend or terminate performance of this Agreement where non-delivery or non-supply of the Goods and/or performance of this Agreement is due to forces outside Cruz’s control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 Cruz reserves the right to cancel any Order where it is reasonably suspected that the Customer has no authority to order and commit the Customer to purchase or hire any Goods specified.
7. Limitation of Liability
7.1 The Customer agrees that Cruz will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. Cruz will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude Cruz’s statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless otherwise confirmed by Cruz.
8. Intellectual Property
8.1 Goods sold or supplied by Cruz may be subject to copyright (whether owned by Cruz or a third party) and the Customer agrees not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify Cruz for any breach .
9.1 This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.
9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.