(Please retain for your reference)
In these terms “us”, “our”, or “Food Options UK Ltd” means Food Options UK Limited whose registered address is 8 Oakbank Park Place, Oakbank Industrial Estate, Livingston, West Lothian, EH53 0TN, and “you”, “your” or the “Customer” means the customer whose details are ……..
These terms constitute the entire agreement between Food Options UK Ltd and you the customer unless they have been expressly modified in writing. In the event that there is any inconsistency or difficulty in applying the amended terms with the remainder of these terms then these terms will apply.
All goods intended for human consumption are warranted at the time of this sale to comply with all existing relevant UK food legislation, but subject to aforesaid, all conditions, warranties, guarantees and liabilities attached or implied by Statue Law Common Law or otherwise are excluded.
DELIVERY BY INSTALMENTS
In the case of a contract involving more than one delivery then each delivery shall be treated as a separate transaction and any failure or defect in any one delivery shall not affect the remaining deliveries.
DESCRIPTION OR SAMPLE
Notwithstanding any description of the goods, which we may have given, or any sample, which we may have supplied, this sale shall not constitute a sale by description or a sale by sample.
All prices published or quoted are valid at the time they are made but are subject to subsequent variation and Food Options UK Ltd is not bound to deliver at any quoted price. The price charged will be the prevailing price at the time of delivery. The price is quoted exclusive of any VAT or any other tax that may apply to the goods or service delivered.
Risk in the goods shall pass from Food Options UK Ltd to you upon delivery.
DAMAGE OR LOSS
It is your duty to inspect the goods on delivery and claims for non-delivery, shortages, damage or incorrect-delivery will only be processed where:
(a) It is notified to us verbally within 24 hours of delivery.
(b) We have been given opportunity to inspect the goods before their removal from point of delivery.
(c) You provide complete written proof of the loss within five working days of the day of delivery.
Any delivery signed “unchecked” or similarly endorsed will be assumed to be accepted in full and without claim. Where goods have been destroyed prior to Food Options UK Ltd inspecting them then an official condemnation certificate or official certificate of destruction is required. Any other claims of whatsoever nature must be notified to us in writing within 5 working days after delivery otherwise we will in any event not be liable.
Any claim shall be limited to invoiced value of the goods affected. Under no circumstances will we be liable for any consequential loss or damage, or other expense suffered by you howsoever arising.
Payment shall be made in full in cash or cheque or by electronic means to us at the address overleaf and within the agreed terms. Interest shall become due and payable at the rate of 2% above the current Bank of Scotland Base Rate per annum on all sums (including interest compounded monthly) overdue from the due date until cleared payment is received. You will be liable for all costs incurred by us in collecting overdue amounts. You will have no right of set off. Where there are amounts outstanding beyond payment terms then Food Options UK Ltd is entitled to withhold further deliveries until such time as payments to the account are brought up to date.
RETENTION OF TITLE
Risk in the goods shall pass to you immediately upon delivery but beneficial ownership will not pass until all sums outstanding have been paid in full. Until beneficial ownership passes, you will hold the goods as bailee only for us and if you resell any of them you will be deemed to hold the proceeds of sale in trust for us. We shall be entitled to repossess any goods up to the value of the outstanding account and you hereby irrevocably permit us access to any relevant premises at any time to obtain such repossession.
The performance of the contract is subject to variation by us in any respect or cancellation by us in the event of any matter arising which is outside our direct and reasonable control and which prevents or hinders us from performing the contract or in the event of our being unable to procure power or materials for said performance and we shall not be liable for any loss which you may suffer as a result. Without prejudice to the generality of the foregoing where a contract relates to the supply of goods in circumstance where our future ability to supply is uncertain due to reasons of any kind, then and in each such case we shall endeavour to supply the goods so far as we can taking all circumstances into account (including without limitation any other contracts we have for the supply of such goods) and shall not be liable to you for any loss whatsoever suffered by you as a result of our failure to fulfil our contract in full or at all.
This agreement shall be construed according to the Law of Scotland.
You will indemnify us in respect of any damage suffered or liability incurred by us whatsoever as a result of any breach by you of any of these Conditions or any negligent act of your servant or agent. You will further indemnify us against any loss or damage whatsoever which we may suffer arising from our adherence to your instructions to handle or work the goods in a specified way.
These Conditions are in addition and without prejudice to our other legal rights and remedies generally.
Any relaxation or waiver by us of any of these Conditions shall act merely as a waiver on that occasion and shall not affect our right to enforce all of these Conditions on other occasions.
Should the Customer be subject to any formal insolvency procedure, convene a meeting with its creditors or enter into any arrangement or compromise with its creditors then all sums outstanding will become immediately due. Any ongoing supply arrangements will be cancelled and the future supply of goods suspended.
We shall be entitled to set-off from time to time including without limitation in the event of your entering into receivership or liquidation any sums owed by you to us against any sums owed from time to time by us to you and/or any claims by you against us.
We will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We will be entitled, subject to the provisions of the Data Protection Act 1998, to hold such information as may be necessary to allow us to conduct the account and to transmit such information to recognised credit agencies.