1. Scope

a) The General Terms and Conditions (hereinafter referred to as “GTC”) apply in the version valid at the time of the conclusion of the purchase contract also for all future purchase contracts with a customer, if a clear reference to the inclusion of the GTC has been made beforehand, even if they have not been expressly repeated beforehand to be agreed.

b) Terms and conditions that differ from, conflict with or supplement the present General Terms and Conditions do not become part of the contract, even if they are known, unless their validity is expressly agreed.

c) All agreements made between us and the customer for the purpose of executing the contract are set out in writing in the contract.

2. Conclusion of a Contract

a) Our offers and prices are non-binding and only become binding with our written order confirmation. Your order represents a legally binding offer to conclude a purchase contract. In the specialist online shop, the contract is concluded by an e-mail, which is referred to as an order confirmation. A pure order confirmation is not yet an order confirmation, but only reflects the data of your order received by us. We are entitled to accept the contract offer contained in your order within 2 weeks of receipt by us and thereby to conclude the contract.

b) The weights and dimensions, drawings, explanations, descriptions and illustrations contained in the product descriptions are approximate values customary in the industry and therefore no guarantee of these properties.

c) Subsequent changes (changes after sample approval) at the request of the customer, including the resulting production standstill, will be charged to the customer.

d) When placing an order by e-mail, you can see and save the contractual provisions in the confirmation of receipt of your order sent by us by e-mail before or when the contract is concluded. The associated terms and conditions can be called up and stored in a reproducible form before and when the contract is concluded under the link our terms and conditions. The text of the contract is not saved separately by us after the conclusion of the contract and is therefore no longer accessible or retrievable by us after the conclusion of the contract.

e) When ordering by e-mail, you can correct input errors by using the delete button.

f) The conclusion of the purchase contract is subject to the proviso that, in the case of incorrect or improper self-delivery by sub-suppliers, not or only partially. This only applies in the event that ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING is not responsible for the non-delivery, in particular when concluding a congruent hedging transaction with suppliers. In the event of unavailability or only partial availability of the service, the customer will be informed immediately and the consideration will be reimbursed to the customer immediately.

g) Broil King will only accept the customer’s order on the condition that Broil King has received the goods itself within the next 3 months after receiving the order. After the 3 months have expired, the customer will immediately receive a message from Broil King if the goods have not arrived and the customer’s order has therefore expired. If the customer has already paid money for the order, Broil King will immediately transfer the money back to the customer.

h) Broil King only accepts the customer’s order on the condition that the transport and freight costs for the purchase of the goods for Broil King have not changed since the customer’s order was received. If the transport and freight costs have changed, Broil King will submit an offer for the goods ordered by the customer with the new transport and freight costs, which the customer can accept or reject within 14 days. If the customer has already paid money for the order, Broil King will immediately transfer the money back to the customer.

i) We reserve the right to correct prices in individual cases if, by the time the order is executed, exchange rate-related price adjustments are necessary and / or a change in raw material prices has occurred. If the material costs or wages increase after the order has been confirmed, we are also entitled to increase the prices in accordance with the increase in costs. The customer has a right of termination if the increase is more than 10% of the agreed price. The material and labour costs incurred by us up to that point are to be reimbursed by the customer.

j) The place of performance for all contractual and legal claims is the registered office of ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING, unless otherwise stated in the order confirmation.

k) The contract and communication language is English.

3. Terms of Delivery and Payment

a) Unless otherwise agreed, the prices quoted in the offers do not include the costs of packaging, freight, postage and insurance. The amount of these costs depends on the information given in connection with the specific offer and is to be paid in addition to the purchase price.

b) The dispatch takes place at the expense and risk of the customer, even in the case of “free shipments”; the risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport. If the handover or the dispatch is delayed as a result of a circumstance which is caused by the customer, the risk is transferred to the customer on the day of readiness for dispatch.

c) The choice of the shipping method is made, unless an express agreement has been made, at the choice of ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING

d) ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING is entitled to partial services, provided the customer does not suffer any significant disadvantages as a result. 

e) In the event of force majeure or other unforeseeable circumstances through which we are not responsible, such as material procurement difficulties, labour disputes, operational disruptions, vandalism, official interventions, lack of energy, regardless of whether they occur in our company or at our sub-supplier, in which we are prevented from fulfilling our delivery obligations the delivery period is extended by the duration of the hindrance and taking into account a reasonable start-up time. If the hindrance is unlikely to end in a reasonable time, we are entitled to withdraw in whole or in part without an obligation to make subsequent deliveries or to pay compensation. Such a withdrawal does not affect our claims from any partial deliveries made.

f) At our request, the customer is obliged to clarify within a reasonable period of time whether he is withdrawing from the contract due to the delay in delivery or whether he insists on delivery.

g) If dispatch or delivery is delayed by more than 1 month after notification of readiness for dispatch at the customer’s request, we can charge the customer storage fees of 0.5% of the price of the delivery items for each commenced month, up to a maximum of 5% . The contracting parties are at liberty to provide evidence of higher or lower storage costs.

h) The risk of accidental loss and accidental deterioration of the item sold – in the case of sale by mail order – is transferred when the goods are handed over to the carrier.

i) If, from an objective point of view, significant deteriorations in the customer’s financial circumstances arise that give rise to doubts about his solvency, ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING is entitled to withhold its deliveries and services and give the customer a reasonable period of time to make advance payments or provide securities to put according to their choice. After this period, ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING is entitled to withdraw from the contract.

j) If the customer does not meet his payment obligations, that enforcement measures have been unsuccessful, the customer has stopped his payments, the insolvency procedure has been applied for, ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING is entitled to call the entire remaining debt from the contract due. In this case, ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING is also entitled to request advance payments or security deposits for all other contracts.

k) Offsetting against any counterclaims by the customer is only permitted if the claims are undisputed, recognized by ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING or legally established. The assertion of a right of retention by the customer is excluded, unless these claims are based on the same contractual relationship.

l) Any errors in the invoices from ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING must be reported within 8 days of receipt of the invoice. Longer silence on the part of the invoice recipient counts as tacit recognition of the correctness of the invoice.

4. Retention of Title

a) ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING retains ownership of the purchased item until all payments from the delivery contract have been received. If the customer acts in breach of contract, in particular in the event of default in payment, ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING is entitled to take back the purchased item. Taking back the purchased item by ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING constitutes a withdrawal from the contract. After taking back the purchased item, ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING is authorized to dispose of it; the proceeds from the sale are to be offset against the customer’s liabilities – less reasonable disposal costs.

b) The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure them adequately at replacement value at his own expense against damage caused by fire, water and theft. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.

c) The customer is entitled to resell the purchased item in the ordinary course of business; However, he already now assigns to us all claims in the amount of the final invoice amount (including VAT) of our claims that arise from the resale to his customers or third parties, regardless of whether the purchased item was resold without or after processing is. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and in particular no application has been made to open composition or insolvency proceedings or payments have been suspended. If this is the case, however, we can demand that the customer notify us of the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and notify the debtors (third parties) of the assignment.

d) In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with The Sale of Goods Act (1979). If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with The Sales of Goods Act (1979), the customer is liable for the loss we incur.

5. Warranty

a) The contractual partner must check the goods for freedom from defects immediately after delivery. Complaints about obviously defective or obviously different quality of the goods or about delivery of goods that are obviously different from the goods ordered must be made by the contractual partner within 3 working days at the latest after delivery or, if the defect was not recognizable after an immediate examination, 1 week after the discovery of the To be asserted against us in writing if there is a lack. If obvious defects are not reported in good time and in the correct form, the warranty in this regard is void. 

b) The warranty period is 1 year from delivery of the goods. This does not apply if the purchased item is usually used for a building and has caused the defect. The limitation periods in the event of delivery recourse as well as for claims for damages from injury to life, limb or health remain unaffected and unrestricted.

c) The defects known to the customer for the special items at the time the contract is concluded are excluded from the guarantee.

d) The presentation of the goods does not include any guarantee of properties, but is only to be understood as a description of services.

e) Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, as well as in the case of only insignificant impairment of usability. Tolerances customary in the trade and industry do not entitle a complaint to be made. Short deliveries and excess deliveries of up to 10% are to be accepted by the customer. In the production of plastic items and similar goods, the occurrence of a relatively small number of defective goods cannot be technically avoided and a proportion of up to 5% of the total quantity cannot be objected to, regardless of whether the defect is in processing or in printing.

f) In the event of a justified complaint made in good time, we initially reserve the right to supplementary performance at our discretion, ie rectification of the defect or free replacement of the defective goods to be returned by the customer for new goods in accordance with the contract (replacement delivery). Only after the subsequent performance has failed twice can the customer choose to either withdraw from the contract or request a reduction in payment.

g) If the customer is otherwise entitled to compensation for damage instead of performance due to a negligent breach of duty, our liability is limited to compensation for the foreseeable, typically occurring damage.

h) For the rest of the claims for damages, Clause 6. Any further or other claims of the customer against us and our vicarious agents due to a material defect than those regulated under 5. are excluded.

i) If the customer complains about the delivery or parts thereof, no piece of the goods complained about may be consumed, processed or forwarded. If this does happen, the customer deprives us of the right to inspect the goods complained of and thus renders the complaint irrelevant.

6. Limitation of Liability

a) Any further liability for damages than provided for in Clause 5 – regardless of the legal nature of the claim asserted – is excluded. This applies in particular to claims for damages arising from negligence when concluding the contract, due to other breaches of duty or due to tortious claims for compensation for property damage.

b) The limitation according to 6.1 also applies if the customer requests reimbursement of useless expenses instead of a claim for compensation for the damage.

c) As far as the liability for damages of ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING is excluded or limited, this also applies with regard to the personal liability for damages of the employees, workers, employees, representatives and vicarious agents of ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING.

d) This does not apply if there is mandatory liability, for example in accordance with The Sale of Goods Act, in cases of wilful intent, gross negligence, due to injury to life, limb or health, or due to the breach of essential contractual obligations. Thus, there is no shortening of the limitation period for these damages for which there is mandatory liability.

e) The   claim for damages for the breach of essential contractual obligations is limited to the contract-typical, foreseeable damage up to the amount of the coverage of our liability insurance, up to an amount of £500,000 per claim, provided that this coverage is in an appropriate relationship to the contract-typical damage risk and if not There is wilful intent or gross negligence or liability is due to injury to life, limb or health. A change in the burden of proof to the detriment of the customer is not associated with the above regulations.

7. Default of Acceptance by The Customer

a)   If the customer is in default of acceptance or debtor default, the risk of accidental loss or accidental deterioration of the goods is transferred to the customer at the point in time at which the customer defaults in acceptance. In this case, we are also entitled to set a reasonable grace period and, after this period has expired, either to store the goods that have not been picked up at the customer’s expense and to demand a storage fee in accordance with Section 3 i) or to outsource them to a forwarding agent. This does not affect our rights to withdraw from the contract and to claim damages.

b) As part of a claim for damages, we can demand 15% of the agreed price as compensation without proof, unless the customer can prove that no damage occurred at all or that the damage was significantly lower than the flat rate.

8. Corrections

a) Corrected samples are to be checked by the customer for errors and declared ready for production. ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING is not liable for errors overlooked by the customer. Corrections and changes made by telephone require written confirmation.

b) If, after the corrected sample, extensive changes or other corrections that exceed the usual level are requested by the customer compared to the submitted sample, these will be charged according to the working time and material consumption. If a corrected sample is not requested, liability for errors is limited to gross negligence. The sample production will also be charged if an order is withdrawn.

c) For significant deviations in the quality of the material procured by us on behalf of the customer, we are only liable up to the amount of our own claims against our sub-suppliers. In such a case, we are released from our liability if we assign our claims against the suppliers to the customer.

d) We are only liable for the variability and deviation of the material as well as for the condition of rubber coatings, lacquering, impregnation, etc. insofar as the defects in the materials were recognizable prior to their use with a proper examination. In the case of colour reproductions in all printing processes, slight colour deviations can occur within the edition and between the proof and the edition print and are not considered to be a legitimate reason for a complaint.

9. Labelling / Right of Use

ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING reserves the right to put its company name on the back or in a suitable place of the items it supplies. We also reserve the right to continue to use articles manufactured on behalf of customers as samples or for advertising purposes.

10. No Liability for “Links”

ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING hereby expressly distances itself from all content on linked pages or graphics and does not adopt them under any circumstances. All violations of applicable law, custom or morality, which ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING become aware of, result in the immediate deletion of the corresponding links, graphics, entries or the like.

11. Choice of Law

The law of the United Kingdom applies. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.

12. Place of Performance and Jurisdiction

a) The place of performance for all contractual and legal claims is the registered office of ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING, unless otherwise stated in the order confirmation.

b) If the contractual partner is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING. This also applies if the contractual partner does not have a general place of jurisdiction in the United Kingdom or if his domicile or usual place of residence is unknown at the time the action is brought. In the case of contractual partners with business or domicile outside of United Kingdom, ONWARD MANUFACTURING COMPANY LTD, T/A BROIL KING can also take legal action at the contractual partner’s domicile or place of business.

13. Contact Information

If you have questions or concerns about our terms of service when visiting the Broil King website, please contact us.

Reach us by postal mail:

OMC Barbecues Ltd
8/9 Westwood Court
Clayhill Industrial Park
Neston,
Cheshire CH64 3UJ

Company registration number 3050507

Telephone: (+44) 151 336 6464
Email: [email protected]