Caterboss 60/40 Payment Option – Terms & Conditions

Effective Date: 22 May 2025

These terms are issued by Orenda Enterprise Ltd T/A Caterboss (“Caterboss”, “we”, “us”), a company registered in Ireland under company number 611251, with a trading name registered under number 628692, and its registered office at Loughmartin Business Park, Tullow, Co. Carlow, R93 T6CD. By selecting the 60/40 Payment Option at checkout, you (“the Customer”) agree to be bound by these terms, which govern your use of this commercial payment arrangement.

By selecting the Caterboss 60/40 Payment Option (“Payment Plan”) at checkout, you (the Customer) agree to the following terms and conditions in addition to all standard Caterboss Terms and Conditions of Sale. This Payment Plan allows eligible business customers to pay 60% upfront and 40% in installments under the terms below. Please read these terms carefully before choosing this option.

1. Eligibility and Scope

Business Customers Only: The 60/40 Payment Plan is available exclusively to commercial customers. You must be either a registered business or an individual purchasing goods for business purposes (e.g. starting a business). By opting in, you represent that you are not acting as a consumer and that the purchase is for business use, not personal, family, or household use.
Not a Regulated Finance Agreement: This Payment Plan is a commercial payment arrangement and not a consumer credit agreement. It is not regulated by consumer credit legislation or financial services regulators. By using this option, you acknowledge that consumer credit protections do not apply to this arrangement.
Verification: Caterboss reserves the right to verify your business status or eligibility. We may decline or cancel your participation in the Payment Plan if you do not meet the above criteria or if any information provided is false or cannot be verified.

2. Payment Plan Structure

60% Upfront Deposit: You will pay an initial 60% of the order total at checkout. This upfront payment is processed via GoCardless (direct debit) and serves as a deposit for your order.
Direct Debit Mandate: By paying the 60% deposit through GoCardless, you will set up a direct debit mandate authorizing Caterboss (or its payment provider) to collect the remaining balance. The mandate allows us to automatically collect installment payments from your bank account.
12 Weekly Installments: The remaining 40% balance is split into 12 equal weekly installments. Each installment (approximately 3.33% of the order total) will be collected via direct debit every week for 12 weeks following the initial payment.
0% Interest, No Fees: There are no interest charges or fees for using this Payment Plan. The sum of your 60% deposit and 12 installments will equal 100% of the purchase price (0% financing cost), provided all payments are made on schedule.
No Credit Check by Caterboss: Because this plan is a trade payment arrangement and not a loan, generally no formal credit check is performed by Caterboss for eligibility. However, we reserve the right to assess credit risk or require additional information at our discretion.

3. Direct Debit Payments

Authorization: By enrolling in the Payment Plan, you authorize Caterboss (and its payment processor, GoCardless) to collect the above payments via direct debit from the account you provide. You agree to complete any required mandate authorizations or verifications to set up the direct debit.
Payment Schedule: The first installment will be scheduled approximately one week after the initial 60% payment, and subsequent installments will be drawn weekly thereafter until the balance is paid. You will be provided with a schedule or can refer to your order confirmation for the installment dates and amounts.
Sufficient Funds: You are responsible for ensuring that adequate funds are available in your designated bank account on each installment due date. If you anticipate any issues with an upcoming payment, you should inform Caterboss in advance to discuss possible arrangements.
Communication: Caterboss (or GoCardless on our behalf) will notify you of upcoming payments and any issues (e.g. a payment failure) via email or other contact information you provided. It is your responsibility to keep your contact and bank details up to date with us.
Early Repayment: You may pre-pay the remaining balance in full at any time without penalty. If you wish to settle the outstanding 40% early (before the 12 weeks), contact us to arrange a one-time payment. Early repayment will not incur any fees, and upon receiving full payment we will cancel any remaining scheduled debits.

4. Order Fulfillment and Shipping

Shipment After Deposit: Caterboss will process and ship your order only after the 60% upfront payment has been received (and the direct debit mandate is in place). Orders will not be dispatched until this initial payment clears.
Standard Delivery Terms: Once the deposit is received, your order will be queued for shipment according to our standard delivery times and policies. Any quoted delivery estimates count from the date the upfront payment is confirmed.
Partial Shipments: In general, orders under the 60/40 plan are shipped in full after the deposit. Caterboss is not obligated to ship any portion of an order until the initial 60% is paid. We may, at our discretion, ship part of an order (for example, if some items are back-ordered), but this does not waive the requirement that the remaining balance be paid per schedule.
Risk of Loss: Risk in the goods passes to you upon delivery to the address you provided. You are responsible for any loss or damage to the products after they are delivered, even if ownership has not yet passed (see Retention of Title below). It is recommended that you have appropriate insurance if necessary.

5. Retention of Title

Title Retained by Caterboss: Ownership (title) of the goods remains with Caterboss until all payments have been received in full (i.e. until the 60% deposit and all 12 weekly installments have been paid and cleared). Until that time, you hold the goods on behalf of Caterboss.
No Resale or Encumbrance: Until title passes to you, you must not sell, transfer, lease, or grant any security interest in the goods to any third party. You must also not remove or obscure any identifying labels on the goods indicating Caterboss as the owner (if applicable).
Care of Goods: You are responsible for maintaining the goods in good condition and for keeping them insured (if appropriate) from the time of delivery. Any loss or damage before ownership passes does not relieve you of your payment obligations.
Reclaiming Goods: If you default on the payment obligations or if this agreement is terminated before full payment, Caterboss has the right to require you to return the goods at your expense or to reclaim possession of the goods directly. You agree to cooperate with us in recovering unpaid goods in such circumstances. Repossession of the goods will not limit our other rights or remedies to seek payment.
Passing of Title: Once the total price is paid in full, title to the goods will automatically transfer to you. We will provide any necessary confirmation of ownership upon request after final payment.

6. Returns and Refunds

Our standard Returns Policy applies to purchases under the 60/40 Payment Plan, with the following key terms:

14-Day Return Window: You may request a return of standard stock items within 14 days of delivery. All returns require prior authorization from Caterboss. Contact us within 14 days of receiving your goods to request a Return Merchandise Authorization (RMA) or approval. Unauthorized returns will not be accepted.
Condition of Goods: Returns are only accepted for unused, undamaged goods in their original packaging. You are responsible for safely packaging any return to prevent damage in transit. Caterboss reserves the right to inspect returned items and deny a refund or credit if the item is not in resalable condition.
50% Restocking Fee: Approved returns of standard stock items are subject to a 50% restocking fee. This fee covers handling, inspection, repackaging, and depreciation of the returned product. In practice, this means only 50% of the product’s purchase price is refundable when a return is accepted (excluding any shipping charges, which are not refunded).
No Returns on Special Orders: Custom-made or special-order items are not eligible for return or refund under any circumstances, unless defective under warranty. “Special orders” include items that are not regular stock, customized products, or quantities specifically obtained at your request. These sales are considered final.
Process and Refunds: If your return is approved, we will provide instructions for shipping the product back. Return shipping costs are your responsibility, except in cases of Caterboss error or warranty defect. After receiving and verifying the returned product, we will process any applicable refund. For orders under the 60/40 plan, refunds will first be applied toward any outstanding balance on your Payment Plan. For example, we may cancel remaining installments or refund a portion of the deposit to ensure you only pay the non-refundable 50%. Any excess amount (after applying the restocking fee and any outstanding installments) will be refunded to you via the original payment method.
Warranty Claims: If a product is defective or fails under an applicable warranty, such cases will be handled at Caterboss’s discretion in line with our warranty policies and the manufacturer’s warranty terms. This may involve repair, replacement, or other remedy. Warranty claims are not treated as “returns” and usually will not incur a restocking fee if the issue is covered by warranty. You must notify us of any product defect or warranty issue as soon as it is discovered. Caterboss will guide the resolution (which may involve repair or replacement) on a case-by-case basis.
No Effect on Payment Obligations: Submitting a return or warranty claim does not automatically pause or cancel your remaining installment payments. You are required to continue making payments according to the schedule unless and until a return is approved or another arrangement is confirmed by us. If a return or warranty resolution results in a refund or cancellation of the sale, any necessary adjustments to your payment plan (such as canceling future installments or issuing refunds) will be made at that time.

7. Payment Default and Late Payments

By agreeing to this Payment Plan, you commit to paying the full purchase price over the 12-week schedule. Failure to fulfill this commitment is a breach of this agreement. In the event of a default or late payment, the following terms apply:

Missed Installment: If any installment payment is unsuccessful or missed (for example, due to insufficient funds or a canceled direct debit), Caterboss will notify you and may attempt to re-collect the payment. You should arrange for payment of the missed installment as soon as possible.
Immediate Acceleration of Balance: If an installment is not paid within [7] days of its due date, Caterboss reserves the right to declare the entire remaining balance due immediately. We may send you an invoice for the full outstanding amount, payable on receipt.
Late Interest and Fees: Caterboss may, at its discretion, charge interest on overdue amounts and/or a reasonable late payment fee. Any interest charged will be at the rate permitted by applicable law for late commercial payments (for example, under Irish law, this may be the European Communities (Late Payment in Commercial Transactions) interest rate). We will also pass on any direct costs incurred due to the failed payment (e.g. bank charges for a returned direct debit) to you.
Suspension or Termination: We reserve the right to suspend any further services or shipments to you (if applicable) and/or terminate your participation in the 60/40 Payment Plan if a payment is not made on time. Termination of the Payment Plan for cause means we can demand immediate full payment and exercise our rights (such as retention of title) as if the contract has been breached.
Collection and Recovery: In case of default, you will be liable for all reasonable costs of collection of the debt. This includes any bank fees, debt collection agency fees, legal fees, and court costs that Caterboss incurs in attempting to recover the unpaid amounts or the goods. Caterboss may engage a debt collection agency or initiate legal proceedings to recover the balance owed.
Retention of Title Enforcement: As noted, if you do not cure a payment default promptly, Caterboss may invoke the retention of title clause. We may demand the return of goods that remain unpaid, or enter your premises (with reasonable notice and during normal hours) to repossess such goods, as permitted by law. Repossession of goods for non-payment does not relieve you of responsibility for any shortfall – if the value of recovered goods does not cover the outstanding balance and costs, you remain liable for the difference.
No Further Use of Plan: If you default on payments, Caterboss may prohibit you from using the 60/40 Payment Option for future orders and/or require full upfront payment on any new orders.

8. Cancellation and Termination

Cancellation by Customer (Prior to Shipping): If you wish to cancel your order before it has been shipped, please contact us immediately. Approval of cancellation is at Caterboss’s discretion. If we agree to cancel a pre-shipment order, we will refund any payments you have made (the 60% deposit and cancel the payment plan) minus any non-recoverable costs incurred by Caterboss in preparation of your order. Note that if your order includes special-order items or custom products, cancellation may not be possible once those items are procured.
No Cancellation Post-Shipment: Once the goods have been shipped or delivered, you cannot cancel the order under this Payment Plan. At that point, you are bound to complete the scheduled payments. Your options would be to proceed with a return under our Returns Policy (for eligible items) or to keep the goods and continue payments. Simply not paying the remaining installments is not a valid way to cancel and will be treated as a payment default (with the consequences outlined above).
Cancellation by Caterboss: Caterboss reserves the right to cancel your order or revoke the Payment Plan prior to shipping under certain circumstances, including but not limited to: (a) failure to receive the 60% initial payment (e.g. if the direct debit for the deposit is not successful); (b) if we discover you have provided false or misleading information, are not a bona fide business customer, or otherwise do not meet the eligibility criteria; or (c) any suspicion of fraud or misuse of the Payment Plan. If Caterboss cancels the order before shipment, we will refund any portion of the 60% deposit that was successfully paid, unless fraud or misrepresentation is involved (in which case we may retain funds or cooperate with authorities as appropriate).
Termination for Breach: If either party materially breaches these terms and fails to cure the breach after notice (where cure is possible), the non-breaching party may terminate this agreement. In the case of your breach (including payment default), Caterboss’s rights on termination include those described in Section 7 (immediate payment, repossession, damages, etc.). In the case of Caterboss’s breach, your sole remedy may be to cancel the Payment Plan and/or seek a refund of amounts paid for undelivered goods.
Effect of Termination: Termination or cancellation of the Payment Plan does not affect provisions which are intended to survive, such as those concerning outstanding payments, late fees, retention of title, and liability. Any refund or payment obligations on either side upon cancellation will be determined in accordance with these terms and the circumstances of termination.

9. Liability Limitation

Business-to-Business Liability: This Payment Plan is part of a B2B transaction. Accordingly, Caterboss’s liability is limited as per our standard Terms and Conditions of Sale. We do not accept liability for any indirect or consequential losses arising from the use of the Payment Plan or any delay in shipping due to payment issues, to the maximum extent permitted by law.
No Financial Advice: By offering this Payment Plan, Caterboss is not providing financial advice or acting as a lender in a regulated capacity. We make no representations that this payment option is suitable for your financial situation; you are responsible for assessing your ability to commit to the payment schedule.
Indemnity: You agree to indemnify and hold Caterboss harmless from any claims, losses, or damages arising out of your breach of these Payment Plan terms (including any costs related to collection of unpaid amounts or recovery of goods).
Force Majeure: Caterboss is not liable for any failure to perform its obligations under these terms (such as shipping goods or processing a payment) if such failure is due to circumstances beyond our reasonable control (force majeure events). In an event of force majeure affecting your payments (e.g. widespread banking outage), you should notify us and we will work in good faith on a resolution or extension as needed.

10. Dispute Resolution

Good Faith Negotiation: Both you and Caterboss agree to attempt to resolve any dispute or disagreement arising under these terms in good faith through negotiation. If you have any concerns or disputes, you should contact Caterboss’s customer service to discuss a resolution before taking any formal action.
Governing Law: These Terms & Conditions (and any non-contractual obligations arising out of or in connection with them) are governed by the laws of Ireland. This choice of law applies regardless of your location, as this is a business-to-business transaction with Caterboss (an Irish entity).
Jurisdiction: Irish courts have exclusive jurisdiction to adjudicate any dispute arising from or related to this Payment Plan or these terms. You and Caterboss each irrevocably submit to the exclusive jurisdiction of the courts of Ireland for any legal proceeding involving any dispute.
Alternative Dispute Resolution: Notwithstanding the above, nothing in these terms prevents either party from seeking interim or injunctive relief in an appropriate case, or (if mutually agreed) attempting mediation or arbitration. However, there is no requirement for arbitration or mediation before litigation unless otherwise agreed separately. (For EU customers, note that the EU Online Dispute Resolution platform is intended for consumer use and is not applicable to this B2B transaction.)

11. Miscellaneous

Entire Agreement: These 60/40 Payment Option terms, together with your order confirmation and our standard Terms and Conditions of Sale, constitute the entire agreement between you and Caterboss regarding the Payment Plan for your purchase. If there is any conflict between these specific terms and our general terms of sale, these Payment Plan terms will prevail for matters relating to the 60/40 option.
No Waiver: Caterboss’s failure to strictly enforce any provision of these terms shall not be deemed a waiver of any right or remedy, nor will it excuse you from future compliance. Any waiver must be explicit and in writing to be effective.
Severability: If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect. The invalid provision will be interpreted, if possible, to fulfill its intended purpose, and if not, replaced by a valid and enforceable provision that most closely matches the intent of the original.
Changes to Terms: Caterboss reserves the right to modify or update these Payment Plan Terms & Conditions from time to time. However, the terms in effect at the time of your order will govern that purchase’s Payment Plan. We will not change the terms for an existing Payment Plan after you have agreed to it, except by mutual agreement or as required by law.
Contact Information: If you have questions about these terms or need to contact us regarding the 60/40 Payment Plan, please reach out to Caterboss at [contact details]. It’s important to communicate with us if you encounter any difficulties with payment or have any concerns – we are here to help make this process smooth and mutually beneficial.

By choosing the 60/40 Payment Option at checkout, you confirm that you have read and understood these Terms & Conditions and agree to be bound by them.