Last Update: 16/12/24
By placing an order with the Company either via the Company’s telesales department, the Company’s on-line ordering app, email or otherwise, the Customer is offering to purchase the Products in accordance with these Terms and Conditions. The Contract shall be formed and Terms and Conditions will be deemed as being accepted by the Customer when the Company acknowledges acceptance of the Customers order or commences delivery of the products to the Customer, in whichever occurs earlier. The contract constitutes the entire agreement between the parties and the Customer acknowledges that it has not relied on any statement, promise or representation made or given by, or on behalf of the Company, which is not set out in the Contract.
All goods are offered subject to availability. The Company limits its liability to the maximum extent permitted by law in accordance with the Company’s Terms & Conditions.
All goods are delivered on a payment on delivery basis unless credit facilities have been agreed and authorised by the Company’s credit control team. The Company also reserves the right in its absolute discretion to refuse to grant credit facilities. Where credit facilities have been agreed, payment is due strictly in the terms agreed and in the event of an account being in arrears or the account exceeding the credit terms allowed, the Company reserve the right to withhold further supplies or to require payment on delivery. The Company reserves the right to withdraw our credit facility in the event of late or missed payments and request full payment of all monies outstanding. The Company reserves the right to implement statutory interest on any overdue balances. Any account outstanding beyond our credit terms may be passed on to our debt recovery agent and Customers will then be subject to an initial surcharge of £250 +vat to cover the cost incurred in obtaining settlement, with further legal costs possible. The Company reserves the right to not accept cheque as a form of payment.
Every effort will be made by the Company to maintain product form and try to give notice when possible if product form changes, however, circumstances and issues out of our control with supply chain can happen and product specifications / recipe, may change without prior notice, product packaging style and quantities may change without prior notice and product delists may occur without prior notice.
The Company reserve the right that substitute alternative products (with a potential different product specification / recipe) may be sent without prior notice, when there are circumstances and issues out of our control with supply chain, as a similar product replacement. The Company cannot and shall not be held responsible or liable for any loss or cost that may occur from product form changing, product delists or substitute alternative products being sent.
Every effort will be made to maintain product prices but the Company reserve the right that all prices (including quoted and contracted) are subject to change without prior notice due to force majeure, market forces and/or the commercial needs of the Company. Prices charged will be those ruling at the time of dispatch and the Company cannot and shall not be held responsible or liable for any loss or costs that may occur from prices changing without prior notice and on all occasions it is the responsibility of Customers to stay updated.
Prices are quoted exclusive of VAT which shall be charged if applicable.
All product information held by the Company is sourced from an accredited and recognised third-party specialist data base(“ERUDUS”) which is used in conjunction our own in-house data base compiled from information we have obtained from individual manufacturers and suppliers. Please note that any product data information given or provided by the Company including price list, brochure, website, all marketing material, all product specifications, all general product information, all allergen data and all “may contain” data is provided on a “strict good faith basis” only.
In providing this information, the Company reserve the right that the Company is relying on the accuracy and completeness of the product information provided by the supplier or via the third-party product information databases they subscribe to. Whilst the Company have certain processes to help ensure this information is up-to-date and accurate, mistakes and circumstances out of our control can occur and the Company cannot and shall not be held responsible or liable for any for any losses or costs that may occur from mistakes, inaccuracies or omissions in this information or from manufacturers product labels. This is particularly important because as already stated in point 4, substitute alternative products with a potential different product specification/recipe may be sent by our supplier to the Company and in turn the Company to the Customer as a similar product replacement when there is an issue with supply chain or if a product specification/recipe is changed by a supplier then any information provided may be inaccurate for a period of time until such changes have been updated. Furthermore, it is also possible for the potential for products made to both the old and new product specification/recipe or substitute products to be in the supply chain at the same time until sold through and the Company cannot and shall not be held responsible or liable for any loss or costs that may occur from cross-contamination/allergen issues during food preparation at a Customer’s site, or once it has otherwise been delivered by the Company.
Therefore, it is always, on all occasions, the absolute responsibility of the Customer to check the packaging and label of the product delivered for the most accurate and up to date product information relating to the actual delivered product.
Minimum order value – £50 including free delivery. The Company reserve the right not to deliver or to add a small delivery charge for orders below £50. The Company also reserve the right to be able to amend the charge and minimum spend requirements without prior notice as per the needs of the Company.
The Company reserve the right that the Company’s delivery obligation is to deliver product to a recognised accessible safe point only, as deemed by our driver, and delivery of the products shall be completed once the products are unloaded at the accessible safe point. The Company cannot and shall not be held responsible or liable in respect of were the product was left, any alleged product damage or alleged product theft thereafter and the Company cannot and shall not be held responsible or liable for maintaining the cold chain once products delivered.
The Customer is to use there absolute best endeavours to ensure that a responsible person shall be at the place of delivery to accept delivery of the products and to check the POD / invoice (document), for visual appearance of items delivered, quantity of items delivered is correct and products delivered are 1/ correct products as ordered by the Customer 2/ products delivered correspond with the document. Once all is checked, Customer is to amend the document for any discrepancies or queries found at the point of delivery if applicable (Customer is to get any amendments confirmed with Company driver before changing the document), then date, sign and print there name on the document so as the name of person receiving delivery is clearly identifiable.
The Customer hereby consents by signing the document they are accepting and confirming that the delivery is correct as per the document signed at the point of delivery and that all products are in good condition.
For any amendments found later and past the point of delivery, then the procedures as documented in point 11 are to be followed by the Customer.
The Company reserve the right that if such a person is not present at the time of delivery and the Company is unable to get a signature for the delivery, or if the person present for whatever reason is unable to sign for the delivery, or signs the delivery as unchecked, then the Customer hereby consents to the Company being able to leave the products at the premises nominated by the Customer as the place of delivery and that the Company cannot and shall not be held responsible or liable in respect of were the product was left, any alleged product damage or alleged product theft thereafter and the Company cannot and shall not be held responsible or liable for maintaining the cold chain once products delivered. The Customer is also accepting and confirming that the delivery is correct and in good condition.
The Company reserves the right that if a Customer provides the Company with a key for out of hours access to the Customers premises then the Customer hereby consents to do so completely and entirely at their own risk and the Company cannot and shall not be held responsible or liable for any losses or cost that may occur due to any alleged damage or theft at the Customers premises when the Company delivers and the Customer is not present at the premises. When the products are delivered, risk in the products shall pass to the Customer and the Company cannot and shall not be held responsible or liable in respect of product storage and condition thereafter and accepts no responsibility for maintaining the cold chain once delivered. Furthermore the Company or its servants cannot and shall not be held responsible or liable for any loss or cost that may occur from loss or miss-placement of the key by the Company or its servants.
Any Company owned metal cages or plastic trays left as part of the delivery by the Company remain the property of the Company. A charge to the Customer will be made for any unreturned / damaged cages or plastic trays that are not returned by the Customer on the next delivery.
Customers collecting goods from the Company depot must ensure that the cold chain is maintained, as per manufacturer instructions, during transport to their own premises. The Company cannot and shall not be held responsible or liable for any losses that may occur from products transported via inadequate methods by the Customer once collected.
The Company will always try to be as helpful as we can in assisting a customer, however, any request by the Customer for our delivery driver to further deliver product beyond the recognised safe point (point 8) and put stock away in areas such as front of house, kitchens, store rooms, cold rooms etc or by ascending or descending stairs then liability in turn passes to the customer at this point for any risk or injury sustained by our delivery driver whilst delivering as well as any costs incurred by loss or damage to goods or premises whilst delivering. It is the complete responsibility of the Customer to provide and maintain a safe working environment both inside and outside of the premises for our delivery driver. We also reserve the right that our delivery driver can abort delivery or refuse a Customer request to further deliver product beyond the recognised safe point, if conditions are deemed too difficult to proceed, excessive time required to proceed over the norm, unsafe to proceed or too high risk to proceed by our delivery driver.
Once all goods have been delivered to the recognised safe point at the Customers premises (as detailed per point 8), risk in those goods will then pass to the Customer even when the title in those goods remains with the Company until full payment is received. Examples of risk include further delivery past the recognised safe point, products lost or stolen, products damaged or destroyed & products stored incorrectly or out of temperature. The Company cannot and shall not be held responsible or liable for any loss or cost that may occur once risk in goods as passed to the Customer.
Furthermore, the Company reserves the right that dates or times given by the Company for delivery are given in strict good faith only and there may be instances when the Company cannot deliver due to reasons and circumstances beyond our control and the Company cannot and shall not be held responsible or liable for failure to deliver for these reasons or circumstances.
Until payment in full has been made, the purchaser shall hold the goods as bailee for the Company separately from all other goods and the Company reserves the right, without prejudice to any of its other rights, that it may enter upon the purchasers premises by its servants or agents for the purpose to recover and resell the goods or any of them.
Goods are sold for the consumption of consumers and not for re-sale. The Company cannot and shall not be held responsible or liable for any loss or cost that may occur from goods being re-sold.
Once the provisions of point 8 have been complied with by the Customer then in respect of Food Products, the Company’s liability shall be limited to Food Products consumed up to and including the “Best before” or “ Use by” date. The Company’s liability shall be limited at its option to replacing the whole or any part of any Products found to be damaged or otherwise defective or refunding or crediting the purchase price or a pro rata portion of the purchase price of the Products of which the defective Products form part.
Whilst the Company have certain processes to help ensure deliveries are correct and accurate, damages, mistakes and shortages on delivery may occur and it is the absolute responsibility of the Customer to check the POD / invoice (delivery document) as per the procedure detailed in point 8.
The Company reserve the right that when delivery document have been signed and the correct procedure (point 8) has been followed by the Customer, then in regard to a Customer claim for shortages or discrepancies found after delivery, that may or may not have occurred, the Company must be notified by the Customer in the form of an email only (so as there is a recorded paper trace) within 24 hours, of the date of the respective invoice, for the Customer claim to be automatically acknowledged and then investigated by the Company. Credit for Customer claims for shortages and discrepancies made under the correct procedure will only be raised after investigation and authorised at our premises or by the manufacturer.
Any retrospective Customer claims, that are made within 24 hours of the date of respective invoice but were not notified to the Company in accordance with the correct procedure (point 8) being that the delivery document is signed by the Customer as unchecked, or if no Customer signature is provided or if a Customer provides a signature that is unidentifiable or signs a name that can’t be clearly read, then the Company reserve the right that these Customer claims are not automatically acknowledged by the Company and an investigation will first need to be conducted by the Company to see if the Customer claim is acknowledged by the Company, If after the investigation the Customer claim is found to be in favour of the Customer, then under this procedure a credit for the Customer claim will be raised to the Customer.
Alternatively, if the Company investigation finds that the Customer claim to be not acknowledged by the Company then under this procedure the Company reserve the right to reject the Customer claim and that the Company shall not and cannot be held liable or held responsible for any losses, expenses, claims or damages suffered or incurred by the Customer for these claims.
Any retrospective Customer claims, that are made within 7 Days of the date of respective invoice which were not notified to the Company in accordance with the correct procedure (point 8) the Company reserve the right that these Customer claims are not automatically acknowledged by the Company and an investigation will first need to be conducted by the Company to see if the Customer claim is acknowledged by the Company, If after the investigation the Customer claim is found to be in favour of the Customer, then under this procedure a credit for the Customer claim will be raised to the Customer.
Alternatively, if the Company investigation finds that the Customer claim to be not acknowledged by the Company then under this procedure the Company reserve the right to reject the Customer claim and that the Company shall not and cannot be held liable or held responsible for any losses, expenses, claims or damages suffered or incurred by the Customer for these claims.
The Company reserve the right that once the respective invoice is 8 days old from date of invoice, the Company will not acknowledge any retrospective Customer claims for shortages or discrepancies that may have occurred and all Customer claims will be rejected by the Company and the Company shall not and cannot be held liable or held responsible for any losses, expenses, claims or damages suffered or incurred by the Customer for these claims.
The Company reserves the right that if a Customer orders any product incorrectly and requests to return the product to the Company it will be at the Company’s discretion only and the Customer must always get the collection approved with the Company before collection can be arranged. Company drivers cannot accept any product returns without the appropriate documentation from the Company and both the contents and packaging must be returned. The Company also reserves the right to show discretion to reject outright, requests for collections of chilled and frozen products due to the Company HACCP controls and also if goods have passed there “best before” date, or have been incorrectly stored or have become contaminated by other products. The Company shall not and cannot be held liable or held responsible for any losses, expenses, claims or damages suffered or incurred by the Customer for claims due to the Company being unable to collect product ordered incorrectly by a Customer.
The Company reserve the right to charge at our discretion, 50p per copy invoice if requested by a Customer so as to cover time, labour and other costs. The company also reserves the right that this cost is to be paid by the Customer in advance of the copy invoice(s) being printed or emailed, at the discretion of the Company.
The Company reserves the right to defer the date of delivery, reduce the volume of Products ordered by the Customer or to cancel a sales Contract without notice, with no liability to the Customer, if the Company is prevented from or delayed in the carrying out of its obligations under the Contract due to circumstances beyond its reasonable control including, without limitation, any failure or delay on the part of force majeure, the manufacturer of any of the Products to supply the Products to the Company, any strike, lock-out or other industrial action, fire, explosion, flood, closure of motorways or other roads leaving no alternative route, unusually severe weather conditions or unusually severe traffic congestion which could not reasonably have been anticipated leaving no alternative route, loss of power or telecommunications systems or computer failure or breakdown.
For any failure by the Company to perform any of its obligations in these Terms & Conditions caused by circumstances beyond its reasonable control.
The Company reserves the right to amend the Terms & Conditions at any time without any prior notice and those changes shall be with immediate effect once detailed on the Company invoice and will be the Terms & Conditions ruling at the time of dispatch and shall apply in place and prevail over any Terms and Conditions on the Company website or in the Company brochure or contained or referred to in any communication from the Customer or implied by trade, custom or practice or course of dealing. Other purported Terms and Conditions which the Customer seeks to impose or incorporate are expressly rejected by the Company. It is the duty of consumers to stay updated.
