“The Company” referred to is Catering Partnership Ltd trading as Catering Partnership Ltd and “The Customer” is the person, firm or company contracting with the company.
i) All orders are strictly on the understanding that the customer accepts these conditions of business.
ii) This agreement forms the entire agreement between the prices hereto and supersedes and replaces all prior agreements and understandings whatsoever as to the subject matter hereof and may only be varied by agreement in writing by the duly authorised representatives of the parties hereto.
i) Notwithstanding any offer, quotation, tender or price list, orders can only be accepted at price ruling at the date of despatch.
ii) Prices quoted do not include V.A.T. which will be charged at the rate ruling at the time of dispatch.
iii) All orders are regarded as separate transactions and will be subject to small surcharges as appropriate.
i) Payment is strictly net and due 30 days from date of the invoice. An early settlement discount will only be granted if the company receives settlement by the date indicated upon the invoice to the customer and this shall be the discount indicated upon the invoice.
ii) The company reserves the right to charge interest on overdue accounts at 4% per annum over Lloyds Bank minimum lending rate and an indemnity against any solicitors cost incurred by the company in collecting any late payment.
iii) Any payment due under the agreement shall be entitled without set off, deduction or counterclaims whatsoever.
iv) In the event of default in payment by the customer in accordance with agreed terms the company shall be entitled without prejudice to any other right or remedy to suspend all further deliveries without notice.
4. PASSING OF PROPERTY IN GOODS
Any goods of products delivered by the company to the customer or his servant agent or nominee shall remain (save as regards risk thereto) the property of the company until all invoices, statements or accounts of the company rendered by the company to the customer or his service agent or nominee have been discharged in full and in the event of default or delay in payment howsoever arising the company shall be entitled to demand the return of the goods which shall be forthwith delivered up to the company. The customer agrees that the company is seeking to exercise its rights under this clause and may at any reasonable time enter the customer premises and remove the company’s goods. Should the customer resell the goods or products prior to such payment the company’s beneficial entitlement shall attach to the proceeds of resale or to any claim for such proceeds shall be held by the customer as trustee for the company in a separate designated account and any rights of the customer to receive such money shall be assigned to the company on demand. The customers power of sale shall automatically cease if a receiver is appointed over any of the assets if the undertaking of the customer or a winding up order is made against the customer or the customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or cause a meeting or makes any arrangement or composition with the creditors or commits any act of bankruptcy. The customer further undertakes to indemnify the company in respect of all costs, expenses, damages and claims of any description material to the recovery of the goods or products from the customer or any third party.
a) Unless otherwise stated prices exclude unloading, positioning or installation.
b) The company will deliver as near as possible to the site as a safe hard road permits.
c) The risk in the goods shall pass to the customer on arrival at, and where applicable, entry into the delivery premises. Damage due to inadequate site access or unloading shall be at the customers’ risk.
d) If the customer fails to take delivery on the agreed delivery date or if no specific delivery date has been agreed, when the goods are ready for dispatch, the company shall be entitled to store and insure the goods and charge the customer the reasonable costs of doing so and to tender its account for the price under condition 2.
Time for performance by the customer is given in good faith as accurately as possible, but is not to be of the essence of the contract. The customer shall have the right to damages or to impose penalties or to cancel the contract for delay arising from any cause unless agreed by the company in writing.
6. SHORTAGES AND DAMAGES IN TRANSIT
All goods must be inspected immediately upon arrival and will be repaired or replaced free of charge if damaged in the course of transit by the companies hauliers providing the company receive verbal notification before midday of day following day of delivery and provide written notification of such damage within three days of delivery and provided any damage was recorded on the carriers paperwork at time of delivery, but not otherwise. The customer shall notify the company in writing, of any such shortage within three working days of the date of delivery. Where goods are delivered direct to site it is the customers’ responsibility to ensure that there is a responsible person on site to inspect and to sign for the goods. Where goods are delivered direct from the manufacturer then any shortage or damage in transit must be reported direct to the company, not the manufacturer.
The company at its absolute discretion may agree to the return of goods by the customer provided the goods are returned to the company at the customers’ expense in the same condition as at the date of despatch by the company. If the company agrees to accept the return of the goods the customer will be required to pay the company either 25% of its invoice value or £25 whichever is the greater together with reimbursement of any expense incurred by the company as a consequence of the return of the said goods. Non-stock goods are supplied at the request of the customer, the company makes no representation as to the quality or suitability for the purpose of the goods supplied. Where an order for a non-stock is cancelled prior to delivery then the customer will be required to pay any cancellation charge levied by the manufacturer/supplier.
8. THIRD PARTY / PUBLIC LIABILITY
i) Save so far as defects in the products cause death, injury or damage to personal property, the company’s liability for any loss or damage shall be limited to the invoice value of the goods.
ii) Without prejudice to the foregoing the company shall in no circumstances be under any liability in contract or otherwise for indirect or consequential loss or damage of whatsoever kind and howsoever cause, suffered by the customer or others, save as may be expressly imposed by statute.
9. WRITTEN REFERENCES
The customer shall (if required by the company) provide two written satisfactory trade references.
10. CUSTOMER TRANSACTIONS
If the customer is dealing in the capacity of a consumer then these terms and conditions shall not affect their statutory rights.
11. LAW AND JURISDICTION
The contract shall be governed and construed in all respects in accordance with the Laws of England and shall be subject only to the jurisdiction of the English courts.
i) We have made no provision within this quote for main contractor discounts (unless it has already been specified within the quote).
ii) We have made no provision for retentions (unless it has already been specified within the quote).