Terms & Conditions
In these conditions:
“The Company” means Liberty Foods Leicester Limited.
“The Buyer” means the persons, firm or company entering into the contract with the company.
“The Conditions” means the conditions contained relating to the sale of the goods.
“The Contract” means the contract between the Company and the Buyer, created upon acceptance of the Buyer’s order.
“The Goods” means the goods supplied in accordance with the order.
“The Order” means the order placed by the Buyer, based on the Company’s quotation.
“The Quotation” means the quotation provided by the Company to the Buyer.
Quotations for and acceptance of all orders are subject to these conditions and shall govern the contract to the exclusion of all other terms and conditions. The Buyer shall be deemed to have accepted these conditions when placing the order. The conditions represent the entire agreement and understanding of the parties and supersede any prior agreements, representations or undertakings (otherwise stated in exceptional circumstances)
The price for goods will be as provided in the quotation, and confirmed to the Buyer in the Company’s invoice.
The Company reserves the right to vary from the price quoted when feel needed. The prices at the date of delivery shall therefore prevail.
Payment shall be made within 30 days as a maximum (unless agreed with the customer on specific terms)
All prices quoted are exclusive of VAT, carriage, insurance, packing and all other duties, taxes or levies required to be paid under the contract.
The appointment of carriers is at the Company’s sole discretion unless the Buyer indicates a specific carrier prior to quotation. All reasonable efforts will be made by the Company to fulfil delivery dates provided that reasonable notice of such date is given by the Buyer. The Company will consider repair or replacement of goods damaged or lost in transit where delivery is made by the Company’s carrier providing written notice of such damage or loss is provided within 3 days (variance in date may be taken into account on exceptional circumstances) by the Buyer.
RISK AND PROPERTY
Risk in the goods passes on delivery (unless any fault of „The Company‟ itself)
Title in the goods will not pass to the Buyer until payment in full of the invoice.
Where the Buyer sells goods on to a third party title will pass immediately before the goods are delivered to such third party.
If the Buyer is overdue in payment for the goods or other goods supplied by the Company, the Company may recover and sell the goods. The Company shall be entitled to take possession of the goods and is hereby granted licence to enter the Buyer’s premises. This will not affect any other right the Company may have against the Buyer.
Until payment for the goods and all other goods which are supplied under these conditions:
The Buyer shall hold the goods upon trust for the Company
The Company reserves the right to trace the proceeds of sale received into any bank or other account which the Buyer maintains.
WARRANTY AND LIABILITY
Subject to the conditions set out below, the Company warrants that the goods will be free from defects in material and workmanship for a period of 1 month from the date of delivery and shall replace any goods which the Buyer proves to the satisfaction of the Company to be faulty in accordance with this condition. (As long as when delivered, the goods where in date, subject to out of date goods after the 1 month period shall not be replaced)
The warranty is given to subject the following conditions.
The Company shall be under no liability in respect of any defect in the goods arising from any specification of the Buyer provided in its order or any tender.
The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions, misuse or alteration or repair of the goods without the Company’s written approval.
Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are expressly excluded to the extent permitted by law.
Without prejudice to any other remedies the Company may have against the Buyer.
The Company may terminate the contract on notice to the Buyer, upon the Buyer becoming bankrupt or insolvent or upon a resolution to wind up the Buyer being passed or a receiver, administrative receiver or administrator being appointed and shall be entitled to take possession of all goods supplied and unpaid for..
13. FORCE MAJEURE
The Company shall be entitled to cancel the contract or reduce the quantity of goods to be provided if it is prevented from providing the goods through any circumstances beyond its reasonable control including (but not limited to) industrial action, war, fire or prohibition or enactment of any kind, and will not be liable for any loss or damage incurred whatsoever arising there from.
14. GOVERNING LAW
The contract shall be governed by English law and subject to the exclusive jurisdiction of the High Court in England.