TERMS AND CONDITIONS
For the purpose of these Terms and Conditions of sale, the following definitions shall apply.
The Company’ shall mean Pin-it Pastry, Abergarw Estate, Brynmenyn, Bridgend, CF32 9LW.
The Purchaser’ shall mean the party described overleaf. ‘The Goods’ shall mean the goods which are the subject of these Terms and Conditions of sales as described overleaf.
All offers are accepted and all Goods are sold subject to and upon these Terms and Conditions of sale. No addition, alteration or waiver of any terms of these Terms and Conditions of Sale shall be binding unless agreed in writing by the parties. The purchaser shall be deemed to have agreed these Terms and Conditions in relation to all present and future dealings between the parties.
No Purchaser Terms and Conditions of Purchase and no other terms, conditions, warranties, particulars, standards, criteria, specifications and other matters, whether written or oral, express or implied, shall form part of or be deemed to be incorporated in this Contract unless agreed in writing by a duly authorised officer of the Company.
The Company may, in its absolute discretion, refuse any application for a credit account or for an existing line of credit without disclosing the reasons for doing so.
Where the Company has agreed to arrange delivery of the goods, the following provisions shall apply.
The Goods will be delivered to the location stated on the order as accepted by the Company.
Times quoted for delivery represent only the company’s best estimates, time not being of the essence. The Company shall in good faith endeavour to meet such estimated times, but reserves the right to vary the time of delivery and shall not be responsible for any loss or damaged suffered by the Purchaser as a result of such variation.
Delivery notes must be checked and signed at the time of delivery.
It shall be the duty of the purchaser to examine the goods upon delivery to ensure that the delivery is complete and that the Goods have not been damaged in transit.
In the event that any of the Goods have been damaged in transit or delivery is incomplete the Purchaser shall notify the Company by clearly stating the nature of such damage or incomplete delivery upon the Delivery Note prior to signature thereof.
The Company’s liability shall be limited to the cost price of the Goods damaged.
The Company shall be under no liability whatsoever if the Purchaser fails such notice of damage or non-delivery and any such damage to the Goods shall be deemed to have occurred after the transit is ended unless evidence to the contrary is provided by the purchaser.
No Goods may be returned to the Company unless the Company’s prior written consent is obtained.
Goods will be charged at the Company’s prices ruling on the date of despatch.
REPRESENTATION AND WARRANTY
At the date of delivery all Goods supplied by the Company shall conform with all United Kingdom statutory enactment’s regulations which relate thereto and shall be free from defects in materials and design.
The Company’s liability for failure to comply with the aforementioned warranty shall be limited to the replacement free of charge of the Goods failing to comply with the warranty or at the option of the Company, issuing to the Purchaser a credit note equivalent to the price of the Goods failing to comply with warranty. The Company shall not in any event be liable unless :
The Purchaser notifies the company in writing within 6 (six) weeks of any date of delivery of the Goods or the expiration of the ‘sell-by’ date(s) applicable to the Goods (whichever is the earlier of the two) or any defect or failure to comply with United Kingdom statutory enactment’s and regulations, and
The Goods have been properly stored by the purchaser at the correct temperatures.
The Company’s catalogues, price lists, and all descriptions other than any directly referable to the contract, are merely indications of the kind of goods supplied by the company, and no particulars given in any of them shall bind the Company unless expressly agreed in writing by the Company.
The Company reserves the right to make alterations to the design, appearance and technical specifications of the Goods from time to time, and at such time or at other times, to make alterations to its advertised information concerning such Goods. Where such alterations are in reasonable opinion of the Company, likely to be sufficient significance the Company shall give the Purchaser timely notice of the alteration.
The Company shall not in any event be liable for any consequential loss or damage however arising.
Except as specifically provided in these Terms and Conditions the Company shall be under no liability for any loss or damage whatsoever attributable to any act or default of the Company or failure to carry out the contract terms.
The Company shall indemnify the Purchaser subject to the provisions of Clause a) in respect of any claims arising from:
personal injury to or death of any person whatsoever, and,
any damage to or loss of any property, real or personal Insofar only as such injury, death, damage or loss is due to any negligent act or default of the Company, its servants, agents or other persons for whom it is responsible and is not attributable to the negligent act or hereunder in respect of any one occurrence or series of occurrences originating from the one source shall not excess £10,000 or the Contract price whichever is greater.
It is the Purchaser’s strict responsibility to ensure that stocks of the Seller’s Goods are rotated so that the oldest stocks are sold first. Purchaser agrees that no Goods will be sold by the Purchaser to third parties, after the ‘sell-by’ date of such Goods.
Purchaser agrees that it will indemnify the Company in respect of any loss, costs, liability or damages awarded against the company inconsequence of any breach by the Purchaser of its obligations pursuant to Clause (a) above.
INTERFERENCE WITH MARKINGS
The Purchaser shall not alter, obscure, remove, conceal or otherwise interfere with any markings, or other indication of source of origin, on any goods or their labelling and packaging.
Where the Goods supplied in any packaging or containers designed by the Purchaser or which are marked in accordance with the Purchaser’s specific requests, the Purchaser shall indemnify the Company in respect of any loss or liability incurred by the Company inconsequence of any infringement of any patent, trade mark, registered design or copyright arising from the supply of Goods in any such packaging or containers.
TITLE AND RISK
The risk for the goods is passed to the Purchaser upon the delivery, but the Company reserve the title to Goods until payment has been received from the Purchaser in respect of all Goods delivered.
In the event of any prior re-sale the Company’s beneficial entitlement shall attach to the proceeds of re-sale or any claim for such proceeds. In the event the Company reasonably apprehends that the Purchaser is insolvent or about to become so you hereby authorise that the Company and its authorised agents and representatives shall have the right of access to the property of the Purchaser in order to identify and recover therefrom any goods in the possession of the Purchaser for the purposes of repossessing items and reselling them. Prior notice shall not be required, but any such visit will only be made within reasonable business hours.
All accounts are due for payment at Bridgend or such other location as shall be notified to the Purchaser by the date agreed between the company and the Purchaser, time to be of the essence. All sums due to the Company shall be paid in full, and the Purchaser shall have no right of set-off in any circumstances.
In the event that payment is not received by the Company by the due date, the Company shall be entitled to suspend all further deliveries until payment is received and/or repudiate the contract. In such event, the Company shall be entitled to sell any Goods still in its possession and the Purchaser shall indemnify the company for any loss incurred thereby.
The Company reserves the right to charge interest on all overdue balances calculated on a daily basis at the rate of 2% per annum above the base rate of the bank of England.
Notwithstanding anything in these Terms and Conditions or implied to the contrary, in the event of the Purchaser ceasing to take supplies from the Company (for whatever reason) or the Company ceasing to deliver supplies to
The Purchaser will be liable for all costs incurred by the Seller in the recovery of debts not paid by the due date.
Payment may be made by cheque, credit transfer, direct debit or cash.
Where the Company owes any sums to the Purchaser in consequence of any reciprocal trading arrangements or for the promotional or advertising contributions or retrospective discounts, the Company shall settle such amount by setting off such amounts against all sums owed to the Company hereunder.
No retrospective/turnover discounts will be given to the Purchaser unless the charges for the period covered have been paid in accordance with standard settlement terms.
WAIVER OR CONDITIONS AND INDULGENCE
Any concession granted by the Company to the customer or any waiver by the Company of its rights under these Terms and Conditions in respect of any particular transaction or series of transactions shall not be deemed an agreement to confer the same concession in respect of any further transaction.
If the company’s ability to perform its obligations hereunder is limited, delayed or prevented in whole or in part by any reason whatsoever not reasonably within the control of the Company, the Company shall be excused, discharged and released without penalty from performance of the Contract to the extent that such performance is so limited, delayed or prevented.
The Company shall in its discretion be entitled to subcontract its obligations hereunder.
All notices and communications made pursuant to this Contract by one party to the other shall be validly given or sent by letter by first class registered post and sent to addresses listed overleaf or such addresses as shall be notified to the party concerned. All notices sent in accordance with the above shall be deemed to have been received within forty-eight hours of the date of posting.
Signed as Acceptance by:
On behalf of: