Ironbrew Kitchen Equipment

42 Clerkenwell Road

London EC1M 5PS

United Kingdom

Tel: +44 20 7483 6291

Email: info@domain.com

Terms and Conditions

Last updated: 18 December 2024

Legal Agreement and Binding Nature

These Terms and Conditions constitute a legally binding agreement between you and Ironbrew regarding your use of our website and engagement with our kitchen equipment services. By accessing our website, submitting enquiries, or entering into service agreements with us, you accept these terms in their entirety.

This document establishes the legal framework governing our relationship, including rights, responsibilities, liabilities, and remedies available to both parties. These terms complement our Terms of Service and Privacy Policy, forming a comprehensive governance structure for all interactions with Ironbrew. If you disagree with any provision contained herein, please discontinue use of our website and services.

User Obligations and Responsibilities

1. Accurate Information Provision

When submitting enquiries, requesting quotations, or engaging our services, you agree to provide accurate, complete, and truthful information regarding your requirements, project parameters, site conditions, and contact details. Inaccurate information may result in inappropriate equipment recommendations, installation complications, or service delays. You remain responsible for verifying that specifications discussed during consultations accurately reflect your operational needs before approving quotations.

2. Compliance with Laws and Regulations

You agree to use our services and any equipment supplied in compliance with all applicable laws, regulations, building codes, health and safety requirements, and industry standards relevant to your jurisdiction. This includes but is not limited to food safety regulations, gas safety requirements, electrical standards, and environmental protection laws. You are responsible for obtaining necessary permits, approvals, and inspections required for equipment installation and operation in your premises.

3. Site Access and Preparation

For installation and maintenance services, you agree to provide safe, unobstructed access to work areas during scheduled appointments. This includes ensuring adequate workspace, parking facilities for service vehicles, and availability of necessary utilities. You're responsible for site preparation work identified during surveys, including structural modifications, utility upgrades, or removal of existing equipment unless specifically included in our quotation.

4. Equipment Operation and Maintenance

Following equipment installation, you agree to operate equipment according to manufacturer guidelines, maintain proper cleaning schedules, follow recommended maintenance procedures, and ensure operators receive appropriate training. Failure to maintain equipment properly may void warranties, create safety hazards, and result in equipment damage beyond normal wear and tear.

5. Payment Obligations

You agree to pay all fees according to agreed payment terms specified in quotations and service agreements. This includes deposits required to secure equipment orders, progress payments during installation projects, and final balances upon completion. Late payments may incur interest charges as specified in individual agreements. Disputes regarding invoices should be raised within 14 days of invoice date.

6. Indemnification

You agree to indemnify and hold harmless Ironbrew, its employees, agents, and contractors from claims, damages, losses, or expenses arising from your breach of these terms, misuse of equipment, failure to comply with applicable regulations, or negligent operation of supplied equipment. This indemnification survives termination of any service agreements.

Prohibited Conduct and Restrictions

To maintain service quality and protect all parties, certain conduct is explicitly prohibited when engaging with Ironbrew:

Equipment Misuse

You may not use supplied equipment beyond its rated capacity, for purposes other than intended applications, or in ways that violate manufacturer specifications. Commercial equipment must not be modified, altered, or tampered with except by qualified personnel authorised by equipment manufacturers.

Unauthorised Repairs

You may not attempt repairs on equipment covered by warranty except through authorised service providers. Using unauthorised repair services voids warranties and may create safety hazards. Emergency repairs must be coordinated with our service team when equipment is under maintenance agreements.

Information Misuse

Technical information, specifications, and proprietary methodologies shared during consultations remain confidential and may not be shared with competitors or used to solicit competing quotations in bad faith. This restriction applies to detailed equipment layouts, custom specifications, and workflow optimization recommendations developed specifically for your project.

Resale Restrictions

Equipment supplied through our services is intended for use in your specified premises. Resale or transfer of equipment within warranty periods requires notification to maintain manufacturer warranty coverage and ensure proper documentation transfer.

Liability Limitations and Warranty Disclaimers

Disclaimer of Warranties

Except as expressly stated in written quotations and service agreements, we provide services and equipment "as is" without warranties of any kind, whether express or implied. We disclaim implied warranties of merchantability, fitness for particular purpose, and non-infringement to the fullest extent permitted by law.

Whilst we exercise professional care in equipment selection and installation, we cannot guarantee specific operational outcomes, production volumes, energy consumption figures, or financial returns. Equipment performance depends on numerous factors beyond our control, including operator skill, ingredient quality, maintenance adherence, and operational practices.

Limitation of Liability

Our total liability arising from any service agreement or website use is limited to the fees paid for the specific service giving rise to the claim, or £5,000, whichever is greater. This limitation applies regardless of the legal theory under which liability is asserted, whether contract, tort, negligence, or otherwise.

We are not liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, business interruption, loss of data, loss of goodwill, or cost of substitute services. This exclusion applies even if we've been advised of the possibility of such damages.

Exclusions from Limitation

Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under English law.

Third-Party Equipment Liability

Equipment supplied is subject to manufacturer warranties as specified in quotations. Our liability for equipment defects is limited to facilitating warranty claims with manufacturers. We're not liable for manufacturer warranty fulfillment, parts availability, or service response times beyond our reasonable control.

Service Agreements and Contractual Terms

Agreement Formation

Service agreements form when you accept our written quotations, either through signed acceptance forms or by providing deposit payments. Verbal discussions and preliminary consultations do not create binding agreements until formalized through written quotations and acceptance.

Scope of Work

Each service agreement specifies the exact scope of services to be provided, equipment to be supplied, timelines for completion, and payment terms. Work outside the specified scope requires separate quotations and agreements. We're not obligated to perform work beyond stated scope even if requested during project execution.

Variation Orders

Changes to agreed scope require written variation orders detailing additional work, costs, and timeline adjustments. Verbal change requests do not bind either party until formalized in writing. Variation orders must be signed by both parties before additional work commences.

Cancellation and Termination

Cancellation terms vary by project phase. Pre-order cancellations may be subject to quotation preparation fees. Post-order cancellations require payment for equipment already purchased, work completed, and reasonable cancellation fees to cover committed resources. Specific cancellation terms are detailed in individual service agreements.

Force Majeure Provisions

Neither party is liable for failure to perform obligations due to events beyond reasonable control. Force majeure events include but are not limited to natural disasters, acts of war or terrorism, government actions or restrictions, strikes or labour disputes, supply chain disruptions, pandemics, utility failures, and acts of God.

Notification Obligations: The affected party must notify the other party promptly upon becoming aware that a force majeure event will prevent or delay performance. Notification should include estimated duration of delay and steps being taken to mitigate impact.

Performance Suspension: During force majeure events, affected obligations are suspended without penalty. Both parties should make reasonable efforts to minimize impact and resume performance as soon as practicable.

Extended Delays: If force majeure conditions persist beyond 60 days, either party may terminate affected service agreements without penalty. Partial refunds for unperformed services may be negotiated based on circumstances.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions, and all matters arising from or relating to them, are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Jurisdiction

The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising from or in connection with these terms or their subject matter. Both parties irrevocably submit to the jurisdiction of those courts.

Alternative Dispute Resolution

Before initiating court proceedings, both parties agree to attempt resolution through direct negotiation. If negotiation fails, we're willing to participate in mediation through a mutually agreed mediator. Mediation costs are typically shared equally unless otherwise agreed.

Limitation Period

Claims arising from service provision must be initiated within six years from the date the cause of action accrued, or within applicable statutory limitation periods if shorter. This applies to both contractual and tortious claims.

General Provisions

Entire Agreement

These Terms and Conditions, together with our Terms of Service, Privacy Policy, and any written service agreements, constitute the entire agreement between parties regarding their subject matter. They supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

Severability

If any provision of these terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect. Invalid provisions shall be modified to the minimum extent necessary to make them enforceable whilst preserving their intent.

Waiver

Failure to enforce any provision of these terms does not constitute a waiver of that provision or any other provision. Waivers must be in writing to be effective. No waiver of any provision in one instance shall be deemed a waiver of that provision in any other instance.

Assignment

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations to affiliated entities or in connection with business reorganization, merger, or sale.

Notices

Official notices under these terms must be in writing and delivered to the addresses specified in service agreements or the contact information at the top of this page. Email notices are acceptable for non-critical communications but formal legal notices should be sent by recorded delivery post.

Modifications to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time to reflect changes in legal requirements, business practices, or service offerings. Material changes will be communicated through website notices and, when appropriate, direct notification to clients with active service agreements.

The "Last updated" date at the top of this page indicates when terms were last revised. Continued use of our services following changes constitutes acceptance of modified terms. Service agreements entered before changes remain governed by terms in effect at agreement formation unless both parties agree to updated terms.

Questions or Legal Enquiries?

If you have questions about these Terms and Conditions, require legal clarification, or wish to discuss how specific provisions apply to your situation, please contact us using the information provided at the top of this page. For complex legal matters, we recommend consulting with your own legal adviser whilst we're happy to clarify our intentions and standard practices.