No contract shall come into existence until the Customer’s order is accepted by the Company’s written confirmation. All orders are accepted ‘subject to crop and to availability’. Any variation to the Contract shall be made in writing. Prices will be as confirmed in in the Contract.
No liability whatsoever is accepted for any consequential loss or damage, costs, expenses or any other claim.
DELIVERY AND COMPLAINT: a. It is the Customer’s own responsibility to provide a safe area for the delivery of all items. No liability can be accepted by the Seller in connection therewith.
b. It is the Customer’s responsibility to examine goods upon receipt. wAny shortages or defects should be recorded on the despatch note at point of Delivery. No complaints relating to defects apparent upon such inspection will be accepted after three days from date of delivery and in any event, liability is limited to replacement of the defective goods. No liability for any consequential loss or damage is accepted.
c. All times and dates of delivery are given in good faith but are only approximate. No liability is accepted for any loss or damage resulting from late delivery.
PAYMENT is due 28 days from date of invoice. Interest shall be payable on overdue accounts at the rate of 2.5% per month to run from the date due for payment thereof until receipt by the Company of the full amount, whether or not after judgement. This clause is not intended as an offer of extended credit and action to recover an outstanding debt may be taken at any time. Should any invoices become overdue, credit facilities may be withdrawn immediately. All outstanding invoices would therefore be due for immediate payment.
REFERENCES: New clients are required to furnish satisfactory trade references and the name and address of their bank to establish credit facilities. Otherwise, orders will only be accepted on a pro-forma basis (payment before delivery) until a trading pattern has been established.
When delivering into the UK, from Guernsey, the Company will pay VAT on behalf of the Customer (as indicated on the invoice) and were required by HMRC. Remittance of the said amount is required by return to the Company.
EXPORT: It is the Customer’s responsibility to provide the Seller with full information regarding import regulations and permits for entry into the Customer’s country. Advance payment may be required for overseas orders.
RISK AND PROPERTY: Risk of damage to or loss of the goods shall pass to the Customer when the goods are delivered to the Customer’s premises. Notwithstanding delivery and passing of risk in the goods, the property in the goods shall not pass to the Customer until the Seller has received payment in full for the goods and other expenses agreed to be paid by the Customer. Until that time the Customer shall hold the goods to the seller’s order, save that the Customer shall be entitled to re-sell or use the goods in the ordinary course of business but shall then account to the seller for the proceeds of sale or otherwise and shall keep all such sale proceeds separate from any other monies of the Customer. Until such time as the property in the goods passes to the Customer, the Seller shall be entitled at any time to require delivery of the goods to the Seller and if the Customer fails to do so, shall forthwith be entitled to enter upon any premises of the Customer and repossess the goods.
CANCELLATIONS: Orders for goods which have to be grown or acquired especially or have been put aside, for the Customer may, in the Company’s absolute discretion, be charged in full unless written notice of cancellation is received no later than the date on which the Company puts aside the goods for the Customer or the latest date on which the Company must place an order on a third party to fulfil the Company’s delivery date requirements. Orders for stock items may be cancelled by written notice at any time before the goods are allocated to the Contract. If a cancellation notice is received after the goods have been allocated to the contract, a charge of 80% of order value will be payable by the Customer.