Standard Terms & Conditions

1. Definitions

• “Company” means CAMEKFS (Camek FoodService Equipment (a trading name of Floatdene Systems Limited)).
• “Customer” means the business entity or individual placing an Order.
• “Goods” means commercial catering equipment supplied by the Company.
• “Software” means the CAMEK digital equipment management, monitoring and energy optimisation portal and associated services.
• “Subscription Fee” means the recurring monthly fee payable for access to the Software.
• “Contract” means the agreement formed in accordance with Clause 2.
• “Order” means the Customer’s written or online request to purchase Goods and/or subscribe to the Software.

2. Basis of Contract

An Order constitutes an offer by the Customer to purchase Goods and/or Software subject to these Terms. A Contract is formed only when the Company issues Order Confirmation or commences performance. These Terms apply to the exclusion of any other terms unless expressly agreed in writing by the Company.

3. Pricing & VAT

All prices are exclusive of VAT and any applicable taxes. The Company reserves the right to adjust pricing prior to delivery in the event of manufacturer price increases, currency fluctuations, or increased freight, duty, or supply chain costs beyond reasonable control.

Subscription Fees may be varied upon 30 days’ notice.

4. Payment Terms (Goods)

Unless otherwise agreed in writing, payment in cleared funds is required prior to dispatch. The Company may suspend delivery if payment is not received. Late payments may incur statutory interest under applicable legislation.

5. Delivery & Risk

Delivery dates are estimates only and time is not of the essence. Risk passes to the Customer upon delivery. Goods must be inspected immediately and any damage or shortage reported in writing within 24 hours. Failure to notify constitutes acceptance.

6. Retention of Title

Title to the Goods shall not pass until full payment of all sums due has been received. Until title passes, the Customer shall store the Goods separately, keep them identifiable as Company property, maintain them in satisfactory condition, and insure them for full replacement value. The Company reserves the right to repossess unpaid Goods.

7. Manufacturer Warranties

Goods are supplied with the benefit of the manufacturer’s warranty only. The Company provides no additional warranty beyond that implied by law and accepts no liability for manufacturer performance, though reasonable assistance may be provided in coordinating claims.

8. Returns & Restocking

Returns of non-faulty Goods require prior written approval and may be subject to a restocking charge of not less than 25%. Bespoke or customised Goods are non-returnable. Return carriage costs and risk remain with the Customer unless otherwise agreed.

9. Software Subscription (CAMEK Portal)

• Subscription: Access is provided on a recurring basis at the applicable monthly Subscription Fee.
• Advance Payment: Fees are payable monthly in advance. Access may be suspended immediately if payment fails.
• Refund Policy: No refunds are provided for partial months or unused access.
• License: A non-exclusive, non-transferable, revocable licence is granted for internal business use only.
• Restrictions: The Customer shall not copy, modify, reverse engineer, resell, or misuse the Software.

10. Data Usage & GDPR

• Operational Data: The Software processes equipment telemetry data for monitoring and alert generation.
• Consent: By using the Software, the Customer consents to necessary processing for service delivery.
• Anonymised Data: Aggregated and anonymised data may be used for benchmarking and service improvement.
• Compliance: Both parties shall comply with applicable UK data protection legislation.

11. Limitation of Liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability which cannot legally be limited.

The Company shall not be liable for loss of profit, loss of business, business interruption, or loss of goodwill. Total liability arising from any single event or series of related events shall not exceed the total amount paid by the Customer in the preceding 12 months.

12. Cancellation of Software

• Notice Period: Customers must provide 30 days’ written notice via the portal or email.
• Effect: Access continues during the notice period. Upon termination, data may be permanently deleted.
• Suspension: The Company may suspend or terminate access immediately in cases of breach or non-payment.

13. Force Majeure

Neither party shall be liable for failure or delay caused by events beyond reasonable control, including acts of God, war, industrial disputes, pandemics, supply chain disruption, or governmental restrictions.

14. Governing Law

This Contract shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

15. Site Preparation & Installation

The Customer is responsible for ensuring that all necessary utilities (including water, gas, electricity, drainage, and internet connectivity for IoT functionality) are correctly installed and positioned prior to delivery and commissioning.

16. Marketing & Publicity

The Company may use the Customer’s business name and logo to identify them as a client of CAMEK digital tools unless the Customer requests removal in writing.