Principal Terms and conditions of Sale:
- Applicability of terms and conditions:
(a) The company’s terms and conditions shall be incorporated into the contract and shall apply in place of and supersede any such previous terms and conditions put forward by, or referred to, in any communication by the purchaser.
- Quotations and Acceptance
(a) Quotations will remain valid for 30 days unless otherwise stated. They do not constitute and obligation until the sellers’ purchase order is accepted.
(b) In placing an order with the company, the customer is accepting the contract on the company’s terms and conditions. This contract will be in place once the customer’s
(c) order is acknowledged by the company, or the products have been received, whichever occurs earlier.
(d) Any order is subject to stock availability.
(e) In the event of any discrepancy between the seller’s and purchaser’s conditions the seller shall prevail.
(f) No variation of the company’s sale conditions shall be binding upon it unless and until such variation has been accepted in writing by the seller’s duly authorised person.
- General Terms
(a) A minimum order value of £150.00 is required to qualify for free carriage. Orders below this level will incur additional costs depending on the delivery location.
(b) Delivery days are set within our Yorkshire catchment area, these are subject to change at short notice to suit best business practice.
(c) The following lead times are required
(i) Between January & September the company will require 7 working days between order and delivery.
(ii) Between October & December the company will require 10 working days between order and delivery.
(d) Increased lead times may be required where
(i) Customers require own label / branding,
(ii) Bespoke products are produced specifically for the order,
(iii) Larger volumes are required,
(iv) Additional raw materials are required to fulfil the order
(e) Where applicable pallet storage and warehousing will be charged at a rate of £10.00 per pallet per week
(f) Orders will always be dispatched as soon as possible, and we will endeavour to exceed lead time targets wherever possible.
- Private label / own label / contract assignments
(a) Prior to commencement of work both the company and customer will be required to sign confidentiality agreements or non-disclosure agreements
(b) Recipe development work will be charged for on the following basis
(i) Costs of ingredients
(ii) Time @ £ TBC per hour
(iii) Flat fee or additional fees per recipe £ TBC
(c) Label creation & design will be charged for on the following basis
(i) Flat fee basis £ 175.00 plus VAT this will include initial set up and two changes to the initial design if required.
(ii) Additional time will be charged @ £ 35.00 per hour plus VAT
- Title and delivery
(a) Product title shall not pertain to the customer until the company has received payment in full from the customer either in cash or as cleared funds.
(b) Any risk attached to the goods shall pass to the purchaser on delivery.
(c) All deliveries should be signed for on receipt.
(d) With prior notice the company can arrange for deliveries to be left safely with a neighbour or in a safe location without a signature. Please indicate this when ordering.
(e) Any quoted delivery period shall be deemed only to be an estimate and will commence upon the company’s receipt of an order.
(f) Whilst the company will take all reasonable steps to deliver within the time requested by the customer, the company shall not be held liable for any loss or damage suffered by the purchaser as a result of the company’s failure to deliver within the stated time period.
- Price & Settlement
(a) All price quotations are strictly net and where no other payment terms have been agreed in writing, payment in respect of the goods shall be due once the company has notified the purchaser that goods are ready for despatch.
(b) The company reserves the right to put on hold or cancel any unfulfilled order where payment for any previous contract remains outstanding after the payment due date or the company has reason to believe the customer is unlikely to pay a debt as it falls due.
(c) Initial orders with all companies will be strictly on a proforma invoice basis only, good will only be released on receipt of cleared funds.
(d) Where credit is granted, and unless agreed otherwise in writing, all invoices must be paid without deductions within 30 days of an order being placed.
(e) In the event of any cheque, standing order or direct debit being dishonoured, the company reserves the right to seek reimbursement from the customer to cover administrative costs and bank charges.
(f) The company reserves the absolute right to refuse to give credit at its discretion.
(g) Prices are quoted exclusive of VAT, which shall be applied only where applicable.
(h) The company’s’ price list does not constitute a contractual offer
(i) The company reserves its’ right to amend company prices at any time, preceding contract formation.
(j) Any variation in price or discount agreed between the customer and the company will be deemed binding only if such agreement is provided in writing.
(k) The company reserves the right to impose late payment charges and interest should payment not be received within the agreed terms.
(l) Interest will be charged at a rate of 4% over the Bank of England base rate on the invoice date.
- Modern slavery act 2015
(a) Modern slavery is a crime and a violation of fundamental human rights. It takes various forms, such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person’s liberty by another in order to exploit them for personal or commercial gain. Whilst our turnover is lower than the threshold as a company we agree with the principles and aims of the Modern Slavery Act 2015. We expect the same high standards from all of our contractors, suppliers and other business Directors, and as part of our contracting processes, we include specific prohibitions against the use of forced, compulsory or trafficked labour, or anyone held in slavery or servitude, whether adults or children, and we expect that our suppliers will hold their own suppliers to the same high standards. We have a zero-tolerance approach to modern slavery and we are committed to acting ethically and with integrity in all our business dealings and relationships and to implementing and enforcing effective systems and controls to ensure modern slavery is not taking place anywhere in our own business or in any of our supply chains. We will require confirmation of your commitment towards this aim or a copy of your Modern Slavery Policy Statement. We reserve the right to cancel any contract should we feel that the aims of our policy have been compromised or concerns not addressed to our satisfaction.
- Product description & warranty
(a) The company/seller reserves the right to make any modification, improvement or alteration to goods described in any catalogue, publication or on its website as long as the original intended purpose of the product is not compromised.
(b) The company will make every reasonable effort to ensure the accuracy of its product specifications and accompanying literature.
(c) The company reserves the right to make such amendments to the contract or to terminate that contract should information supplied by the customer prove to be incomplete or inaccurate in any respect.
(d) The company warrants that all food products shall comply with the 1990 Food Safety Act and all other relevant UK legislation in force at any time.
(e) Whilst every effort will be made by The company to ensure compliance to labelling legislation the company cannot be held responsible for non-compliance where the finished label is different from the companies own standard template.
(f) The customer will be required to complete, at their own expense, checks in relation to labelling legal compliance.
(g) The company’s liability with respect to food products shall be limited to those consumed up to, and including, the best before date.
(h) The company shall not be held liable for failure to perform any obligation under these terms and conditions due to circumstances beyond it’s reasonable control.
- Carriage & Risk
(a) Claims arising from either damage or loss in transit must be lodged with the company, and where appropriate, with the carrier
(i) within 72 hours of delivery to the purchaser or,
(ii) within 7 days of the date of despatch by the company if arising from failure of the goods to reach their destination.
(b) Photographic evidence will be required to support all claims relating to damage to delivered goods.
(c) Any risk of loss or damage to the products shall pass to the customer upon delivery.
(d) Claims in respect of discrepancies in delivery must be made within 72 hours of the time of delivery.
(e) The company’s liability shall be limited to replacing the whole, or any part, of any damaged or defective product, or in refunding or crediting the appropriate purchase price of such products.
(f) The company shall have no liability for any product defect pertaining to abnormal storage conditions, treatment or handling, or other negligence by the customer, its employees or agents.
(g) The company shall have no liability for any goods delivered as a result of incorrect delivery information being communicated to the company.
- Cancellation & force majeure
(a) All cancellation of orders must be received in writing.
(b) The company reserves the right to refuse or cancel any order received.
(c) Customers may cancel an order, without incurring any costs providing the cancellation is received within 48 hours of placing the original order.
(d) Should the company be unable to deliver any goods ordered for reasons beyond its control including the following; an act of God, force majeure, a riot, fire, industrial dispute, traffic disturbance, scarcity of materials or lack of delivery instructions from the customer, the company reserves the right to cancel the order, having first acknowledged so in the case of which the seller shall not be held liable for any loss caused thereby to its purchaser.
- English Law
(a) Interpretation and understanding of the conditions of sale shall be governed by English law and parties to any contract to which such conditions apply shall submit to the exclusive jurisdiction of English courts.
- Intellectual property
(a) Copyright and all other associated property rights pertaining to the company’s portfolio shall remain at all times its exclusive property. The customer shall acquire no product rights except for those expressly provided for in its terms and conditions.
- Advertising and marketing:
The Customer shall:
(a) be responsible for the day-to-day advertising and promotion of the Products provided that the use by the Customer of any advertising materials and promotional literature shall be subject to the prior written consent of the Supplier which consent shall not be unreasonably withheld;
(b) at its discretion, display advertising materials and other signs provided by the Supplier; and
(c) observe all directions and instructions given to it by the Supplier in relation to promotion and advertisement of the Products, and shall not make any written statement as to the quality or manufacture of the Products beyond those contained in the promotional material supplied by the Supplier without the prior written approval of the Supplier.
(d) The company only retains details necessary for successful completion of your order. We may use this information for marketing purposes such as emailing or posting you information about seasonal offers. These include: name, address, telephone number and email address of customer. We do not sell addresses to any other companies.
- Changes to Terms & Conditions
(a) The company reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us.
(b) By placing an order with The Fruity Kitchen Limited you are agreeing to these Terms & Conditions of Sale.
RECEIVED BY:
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