Terms & Conditions

Website Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern DrinkLink relationship with you in relation to this website. If you do not agree to these terms, you must not use our site.

You can view our service terms and conditions by viewing our terms and condition policy.

The term “DrinkLink” or “us” or “we” refers to the owner of the website whose registered office is Drinklink Vending Services Ltd 120 The Street, Kettlestone Fakenham, Norfolk, NR21 0AU. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

• All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

• You may not create a link to this website from another website or document without DrinkLink prior written consent.

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by DrinkLink and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

Through this website you are able to link to other websites which are not under the control of DrinkLink. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, DrinkLink takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

You are responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

 

Service Terms and Conditions

1. Definitions
Conditions: the terms and conditions set out in this document as amended from time to time in
accordance with clause 13.1
Contract: the contract between the Supplier and the Customer for the sale and purchase of the
Goods in accordance with these Conditions
Customer: the person or firm who purchases the Goods from the Supplier
Equipment: any non-perishable Goods
Force Majeure Event: has the meaning given in clause 11
Goods: the goods (or any part of them) as set out, or as agreed verbally, in the Order
Lease Company: any company with whom the Customer contracts for the purposes of financing the
Order
Order: the Customer’s order by whatever means for the Goods, or as set out in the Customer’s
purchase order form
Specification: any specification for the Goods, including any related plans and drawings, that is
agreed by the Customer and the Supplier
Supplier: Drinklink Vending Services Ltd (registered in England and Wales with company number
8580033)
2. Interpretation
a. A reference to a statute or statutory provision is a reference to it as amended or re-enacted.
A reference to a statute or statutory provision includes any subordinate legislation made
under that statute or statutory provision, as amended or re-enacted.
b. Any phrase introduced by the terms including any particular or any similar expression shall be
construed as illustrative and shall not limit the senses of the words preceding those terms.
c. A reference to writing or written includes fax and email.
3. Basis of Contract
1. These Conditions apply to the Contract to the exclusion of any other terms that the Customer
seeks to impose or incorporate, or which are implied by trade, custom, practice or course of
dealing.
2. The Order constitutes an offer by the Customer to purchase the Goods in accordance with
these Conditions. The Customer is responsible for ensuring that the terms of the Order and
any applicable Specification submitted by the Customer are complete and accurate.
3. The Order shall be deemed to be accepted when the Supplier and the Customer agree the
Specification, at which point the Contract shall come into existence.
4. The Contract constitutes the entire agreement between the parties. The Customer
acknowledges that it has not relied on any statement, promise, representation, assurance or
warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
5. Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any
descriptions or illustrations contained in the Supplier’s catalogues or brochures are produced
for the sole purpose of giving an approximate idea of the Goods described in them. They shall
not form part of the Contract or have any contractual force.
6. A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall
only be valid for a period of 30 days from its date of issue.
2. Goods
2.1.The Goods are described in the Specification.
2.2. The Supplier reserves the right to amend the Specification if required by any applicable
statutory or regulatory requirements.
3. Delivery
3.1. The Supplier shall ensure that:
each delivery of the Goods is accompanied by a delivery note which shows the date of the Order,
all relevant Customer and Supplier reference numbers, the type and quantity of the Goods
(including the code number of the Goods, where applicable), special storage instructions (if any)
and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to
be delivered.
3.2. The Supplier shall deliver the Goods to the location set out in the Order or such other location
as the parties may agree at any time after the Supplier notifies the Customer that the Goods
are ready.
3.3. Delivery of the Goods shall be completed on the Goods’ arrival at the delivery location.
3.4. Any dates quoted for delivery are approximate only, and the time of delivery is not of the
essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused
by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate
delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.5. If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses
incurred by the Customer in obtaining replacement Goods of similar description and quality in
the cheapest market available, less the price of the Goods. The Supplier shall have no liability
for any failure to deliver the Goods to the extent that such failure is caused by a Force
Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery
instructions or any other instructions that are relevant to the supply of the Goods.
4. Quality
4.1. The Supplier warrants that on delivery, and for a period as provided for by the manufacturer
from the date of delivery, the Equipment and Goods where relevant shall:
a. conform in all material respects with the Specification;
b. be free from material defects in design, material and workmanship;
c. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
d. be fit for any purpose held out by the Supplier.
4.2.Subject to clause 6.3, if:
a. the Customer gives notice in writing to the Supplier during the warranty period within
a reasonable time of discovery that some or all of the Goods do not comply with the
warranty set out in clause 6.1;
b. the Supplier is given a reasonable opportunity of examining such Goods; and
c. the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s
place of business at the Supplier’s cost,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the
defective Goods in full.
4.3.The Supplier shall not be liable for Goods’ failure to comply with the warranty set out in clause
6.1 in any of the following events:
a.the Customer makes any further use of such Goods after giving notice in accordance
with clause 6.2; or
b.the defect arises because the Customer failed to follow the Supplier’s oral or written
instructions as to the storage, commissioning, installation, use and maintenance of
the Goods or (if there are none) good trade practice regarding the same; or
c. the defect arises as a result of the Supplier following any drawing, design or
Specification supplied by the Customer; or
d. the Customer alters or repairs such Goods without the written consent of the
Supplier; or
e. the defect arises as a result of fair wear and tear, wilful damage, negligence, or
abnormal storage or working conditions; or
f. the Goods differ from the Specification as a result of changes made to ensure they
comply with applicable statutory or regulatory requirements.
4.4. These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
7. Title and risk
1. The risk in the Goods shall pass to the Customer on completion of delivery.
2. Title to the Goods shall not pass to the Customer until:
a. the Supplier receives payment in full (in cash or cleared funds either directly from
the Customer or from the Lease Company) for the Goods and any other goods
that the Supplier has supplied to the Customer, in which case title to the Goods
shall pass at the time of payment of all such sums.
3. Until title to the Goods has passed to the Customer, the Customer shall:
a. not remove, deface or obscure any identifying mark or packaging on or relating to
the Goods;
b. maintain the Goods in satisfactory condition and keep them insured against all
risks for their full price from the date of delivery;
c. notify the Supplier immediately if it becomes subject to any of the events listed in
clause 9.1;
d. give the Supplier such information relating to the Goods as the Supplier may
require from time to time; and
e. not resell any Goods that constitute Equipment.
7.4 If before title to the Goods passes to the Customer the Customer becomes subject to any of the
events listed in clause 9.1 then, without limiting any other right or remedy the Supplier may
have:
a. the Customer’s right to use the Goods in the ordinary course of its business
ceases immediately; and
b. the Supplier may at any time:
i) require the Customer to deliver up all Goods in its possession which have
not been resold, or irrevocably incorporated into another product; and
ii) if the Customer fails to do so promptly, enter any premises of the
Customer or of any third party where the Goods are stored in order to recover
them.
8. Price and Payment
1. The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the
price set out in the Supplier’s published price list in force as at the date of delivery.
2. The Supplier may, by giving at least two weeks’ notice to the Customer before delivery,
increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
a. any factor beyond the Supplier’s control (including foreign exchange fluctuations,
increases in taxes and duties, and increases in labour, materials and other
manufacturing costs); or
b. any request by the Customer to change the delivery date(s), quantities or types of
Goods ordered, or the Specification; or
c. any delay caused by any instructions of the Customer or failure of the Customer to
give the Supplier adequate or accurate information or instructions.
3. The price of the Goods is inclusive of the costs and charges of packaging, insurance and
transport of the Goods, unless otherwise stated on the invoice.
4. The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The
Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such
additional amounts in respect of VAT as are chargeable on the supply of the Goods.
5. The Supplier may invoice the Customer or the Lease Company for the Goods on or at any
time after the completion of delivery.
6. The Customer (or the Lease Company) shall pay the invoice in full and in cleared funds within
30 days from the last day of that month. Payment shall be made to the bank account
nominated in writing by the Supplier. Time of payment is of the essence.
7. If the Customer fails to make any payment due to the Supplier under the Contract by the due
date for payment, then the Customer shall pay interest on the overdue amount at the rate of
4% per annum above Bank of England’s base rate from time to time. Such interest shall
accrue on a daily basis from the due date until actual payment of the overdue amount,
whether before or after judgment. The Customer shall pay the interest together with the
overdue amount.
8. The Customer shall pay all amounts due under the Contract in full without any set-off,
counterclaim, deduction or withholding (except for any deduction or withholding required by
law).
9. Termination and Suspension
9.1. Without limiting its other rights or remedies, either party may terminate the Contract with
immediate effect by giving written notice to the other party if:-
a. The other party commits a material breach of any term of the Contract and (if such
breach is remediable) fails to remedy that breach within 30 days;
b. The other party takes any step or action in connection with its entering administration,
provisional liquidation, bankruptcy or any composition or arrangement with its
creditors (other than in relation to a solvent restructuring) being wound up (whether
voluntarily or by order of the court, unless for the purpose of a solvent restructuring,
having a receiver appointed to any of its assets or ceasing to carry on business or if
the step or action is taken in another jurisdiction, in connection with any analogous
procedure in the relevant jurisdiction;
c. If the other party’s financial position deteriorates to such an extent that in the
terminating party’s opinion the other party’s capability to adequately fulfil its
obligations under the Contract has been placed in jeopardy.
9.2. Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods
under the Contract or any other contract between the Customer and the Supplier if the
Customer becomes subject to any of the events listed in clause 9.1a to clause 9.1c, or the
Supplier reasonably believes that the Customer is about to become subject to any of them, or
if the Customer fails to pay any amount due under this Contract on the due date for payment.
9.3. On termination of the Contract for any reason the Customer shall immediately pay to the
Supplier all of the Supplier’s outstanding unpaid invoices and interest.
9.4. Termination of the Contract, however arising, shall not affect any of the parties’ rights,
remedies, obligations and liabilities that have accrued as at termination.
9.5. Clauses which expressly or by implication survive termination of the Contract shall continue in
full force and effect.
10. Limitation of liability
10.1. Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
a. death or personal injury caused by its negligence, or the negligence of its
employees, agents or subcontractors (as applicable); or
b. fraud or fraudulent misrepresentation; or
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
d. defective products under the Consumer Protection Act 1987; or
e. any matter in respect of which it would be unlawful for the Supplier to exclude or
restrict liability.
10.2. Subject to clause 10.1:
a. the Supplier shall under no circumstances whatever be liable to the Customer,
whether in contract, tort (including negligence), breach of statutory duty, or otherwise,
for any loss of profit, or any indirect or consequential loss arising under or in
connection with the Contract; and
b. the Supplier’s total liability to the Customer in respect of all other losses arising under
or in connection with the Contract, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the
price of the Goods.
11. Force majeure
11.1. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to
perform, any of its obligations under this Contract if such delay or failure result from events,
circumstances or causes beyond its reasonable control.
11.2. In the event of national emergency, war, prohibitive governmental regulations or any other
cause beyond the reasonable control of the parties which render the performance of this
Contract impossible the Contract shall be terminated.
12. Notices
12.1. Any notice or other document to be given under this Contract shall be in writing, delivered
personally or by first class post and address to the party to whom it is directed. Alternatively, it
may be sent by facsimile to such member as the parties shall designate. Any notice, demand
or other communications shall be deemed to have been received:-
a. in the case of posting (3) days after the date of posting;
b. if served personally or by facsimile up to 16:00 on the day of delivery or transmission;
c. if sent by facsimile after 16:00 on the day following the day of transmission.
13. General
13.1. Variation
Except as set out in these Conditions, no variation of the Contract, including the introduction of any
additional terms and conditions, shall be effective unless it is agreed in writing and signed by the
Supplier.
13.2. Waiver
A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall
not be deemed a waiver of any subsequent breach or default.
13.3. Severance
If any provision or part-provision of this Contract is declared by any judicial or other competent
authority to be void, voidable, invalid, illegal or otherwise unenforceable the parties shall amend that
provision to the minimum extent necessary to make it valid, legal and enforceable. Any modification
to or deletion of any provision or part-provision under this clause shall not affect the validity and
enforceability of the remainder of the Contract.
13.4. Third parties
A person who is not a party to the Contract shall not have any rights to enforce its terms.
13.5. Headings
The headings of clauses and paragraphs are used for convenience only and shall not affect the
meaning or construction of the contents of this Contract.
13.6. Governing Law and Jurisdiction
This contract and any dispute arising out of or in connection with this Contract including any question
regarding its existence, validity or termination, shall be governed by and construed in accordance with
the law of England and Wales.